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In re Griffin 01/04/2017
(Judge Benjamin A. Kahn)

Debtor executed an agreement with a creditor to reaffirm a debt on a 2016 Chevrolet Equinox in the amount of $34,016.49. The vehicle had a retail value according to NADA of $20,550.00. The proposed monthly payments were to be approximately $600.00 of Debtor's combined monthly income of approximately $1,800.00. Debtor's schedules, including the proposed reaffirmation agreement, displayed a negative net monthly income of $337.20. Debtor provided no substantive explanation in support of reaffirmation regarding his ability to stay current on his obligations, aside from essentially "spending less." The requisite certification to be signed by counsel for debtors in support of reaffirmation agreements was signed in the name of counsel with whom Debtor testified he had never spoken. Having serious concerns about the affidavit signed by counsel, the Court ordered Debtor's counsel to appear and show cause as to why the declaration in support of the reaffirmation agreement should not be stricken, the reaffirmation agreement disapproved, and why sanctions should not be imposed for violation of Bankruptcy Rule 9011.

Reaffirmation, Published Yes


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