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Opinion 152

Case Name: 

In re Clark

Judge: 
Judge Clark
Date: 
Apr-3-1985
Case Number(s): 
81C-1228 and -1230
Status: 

UNPUBLISHED

Body: 

Creditor held a prepetition lien on chapter 7 debtors' property. After debtors were discharged in bankruptcy, they requested a lien release from creditor. Creditor agreed to release the lien if debtors agreed to pay an amount that included creditor's claim, which had been discharged in the bankruptcy. Debtors accepted, and began making payments to creditor. When debtors defaulted on their payments, creditor obtained a judgment against them in state court. Debtors then asked the bankruptcy court to declare their post-discharge agreement void, as a violation of 11 U.S.C. § 524(c). The court held § 524(c) to be inapplicable, as it only applies to agreements that include dischargeable debt as consideration, and debtor's personal liability to creditor had already been discharged when the parties entered their agreement. Creditor had provided completely new value, consisting of a release of the lien on debtors' property, in exchange for debtors' agreement to accept personal liability for payments. Debtors' motion was denied.

Internal Ref: 
Opinion 152
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