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Opinion 95

Case Name: 

In re Pace

Judge: 
Judge Clark
Date: 
Jul-28-1983
Case Number(s): 
83C-0198
Status: 

UNPUBLISHED

Body: 

Chapter 7 debtor was discharged in a prior chapter 7 case. Post-discharge, debtor and creditor entered into a reaffirmation agreement regarding creditor's debt, and creditor later obtained a default judgment against debtor in state court, based on non-payment under the agreement. In this chapter 7, the court ruled that the reaffirmation agreement was invalid because the protections mandated by 11 U.S.C. § 524 were not provided. Creditor did not respond to the court's order to file briefs regarding the effect of the state court judgment, and its claim was therefore disallowed, and the state court judgment ruled void. Creditor was ordered to return to debtor any amounts collected pursuant to that judgment.

Internal Ref: 
Opinion 95
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