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In re Wilson

2012 WL 2411918 (2012)

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In re Wilson

United States Bankruptcy Court for the Northern District of West Virginia

2012 WL 2411918 (2012)

Facts

Johnnie and Linda Wilson (debtors) filed for chapter 7 bankruptcy on February 15, 2012. That same day, Mr. Wilson filed a statement indicating that he wanted to reaffirm a debt secured by his vehicle. Mr. Wilson timely entered a reaffirmation agreement with creditor CSC Logic and asked the court to approve the agreement. Mr. Wilson’s bankruptcy filings indicated that his monthly expenses exceeded his monthly income by $158. However, Mr. Wilson asserted that he could afford the payments under the reaffirmation agreement because his son would help him. At a hearing on Mr. Wilson’s motion for approval of the reaffirmation agreement, Mr. Wilson’s lawyer appeared before the court and indicated that he did not approve of the agreement. The lawyer argued that the court instead should allow a ride-through, which would allow Mr. Wilson to keep the vehicle and continue making regular payments to the creditor. The lawyer asserted that a ride-through was appropriate because Mr. Wilson had complied with the Bankruptcy Code’s requirements, was current on his payments for the vehicle, and needed to keep the vehicle so he could drive Mrs. Wilson to medical appointments.

Rule of Law

Issue

Holding and Reasoning (Flatley, J.)

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