In re Waller

394 B.R. 111 (2008)

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In re Waller

United States Bankruptcy Court for the District of South Carolina
394 B.R. 111 (2008)

  • Written by Jody Stuart, JD

Facts

In May 2008, Steven and Monique Waller (debtors) filed for Chapter 7 bankruptcy. The Wallers owed South Carolina State Housing Finance and Development Authority (Housing Finance) (creditor) on two notes secured by a first and second mortgage on the Wallers’ home. On August 21, Housing Finance filed two reaffirmation agreements between the Wallers and Housing Finance that sought, respectively, to affirm the Wallers’ first and second mortgages. A hearing was scheduled for September 16 to determine whether the reaffirmation agreements created a presumption of undue hardship on the Wallers. On September 11, the Wallers filed two amended reaffirmation agreements that indicated a presumption of undue hardship. At the hearing, the Wallers stated that they were current on their payments with Housing Finance on both mortgages and were current at the time of the bankruptcy filing. The Wallers’ income from teaching was sporadic and unreliable.

Rule of Law

Issue

Holding and Reasoning (Duncan, J.)

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