In re Riggs

2006 WL 2990218 (2006)

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In re Riggs

United States Bankruptcy Court for the Western District of Missouri
2006 WL 2990218 (2006)

Facts

Rebecca Ann Riggs (debtor) filed for Chapter 7 bankruptcy. Riggs owned a 1993 Ford Explorer on which Super Cars, Inc. held a lien. Riggs indicated that she intended to reaffirm her debt to Super Cars. Riggs signed and submitted for the bankruptcy court’s approval a reaffirmation agreement for a debt of $4,822.69 with an annual interest rate of 18.9 percent. Part C of the reaffirmation agreement allowed Riggs’s attorney to swear that Riggs was fully informed and advised of the consequences of reaffirming the debt, that Riggs entered the agreement voluntarily, and that the agreement did not impose an undue hardship on Riggs. However, Riggs’s attorney did not sign Part C. Because the attorney had not signed, the bankruptcy court was required to analyze the agreement and its potential consequences before the court could approve the agreement.

Rule of Law

Issue

Holding and Reasoning (Federman, J.)

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