Opinion
Case No. 05-56287.
April 23, 2007
ORDER DENYING DEBTOR'S MOTION TO REOPEN BANKRUPTCY CASE
On May 18, 2005, Debtor filed a voluntary petition for relief under Chapter 7. On September 22, 2005, the Court entered an order granting Debtor a discharge under 11 U.S.C. § 727. On January 6, 2006, the bankruptcy case was closed. On March 27, 2007, Debtor filed a document entitled, "Petition To Reopen Chapter 7 Bankruptcy Case For Purposes Of Entry Of Reaffirmation Agreement" (Docket # 11), seeking to reopen the case for the purpose of filing a reaffirmation agreement between Debtor and Chase Home Finance, LLC. On April 17, 2007, Debtor filed a Certification of No Response, indicating that no one had objected to the motion.
Under 11 U.S.C. § 524(c)(1), a reaffirmation agreement is not enforceable unless it "was made before the granting of the discharge under section 727." Because it appears that no reaffirmation agreement between Debtor and Chase Home Finance, LLC was made before Debtor was granted a discharge, there can be no enforceable reaffirmation agreement between these parties. Therefore, no purpose would be served by re-opening this bankruptcy case.
Accordingly,
IT IS ORDERED that "Petition To Reopen Chapter 7 Bankruptcy Case For Purposes Of Entry Of Reaffirmation Agreement" (Docket # 11), is DENIED.