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In re Schwass

United States Bankruptcy Court for the Southern District of California
378 B.R. 859 (2007)


Facts

Mary Schwass (plaintiff) borrowed from Pacific Capital Bancorp d/b/a Santa Barbara Bank & Trust (Pacific) to purchase a vehicle. Schwass granted a security interest in the vehicle to Pacific. Schwass filed for chapter 7 bankruptcy and included a statement of intention to reaffirm the debt to Pacific. Pacific’s counsel asked Schwass’s counsel to prepare the reaffirmation agreement. Schwass’s counsel replied that it was not Schwass’s obligation to prepare the agreement, but he would do so for a fee payable by Pacific. Pacific responded that preparing the agreement was Schwass’s responsibility. No reaffirmation agreement was filed within the 30-day period following Schwass’s filing for bankruptcy. Pacific moved for relief from the automatic stay, claiming that Schwass failed to timely follow through on the intent to reaffirm.

Rule of Law

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Issue

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Holding and Reasoning (Bowie, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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