Denying Reaffirmation Agreement After HearingReaffirmation Agreement • March 5th, 2019
Contract Type FiledMarch 5th, 2019On February 18, 2019, OneMain Mortgage Services, Inc. (“OneMain”) filed a reaffirmation agreement evidencing an agreement between itself and pro se debtor Marilyn Morgan (the “Debtor”) (doc. # 11). The Court issued a notice of no action, indicating it could not rule on the reaffirmation agreement because that document did not have OneMain’s signature on it (doc. # 12). Shortly thereafter, OneMain filed an amended reaffirmation agreement on February 25, 2019, (doc. # 14, hereafter the “Agreement”), under which the Debtor would reaffirm a $13,024 debt secured by the Debtor’s residence at 4 West Minster St., Saxtons River, VT (the “Property”). Although a hearing is not typically required to reaffirm a debt secured by real property, see 11 U.S.C. § 524(c)(6)(B), the Court scheduled a hearing to address deficiencies in the Agreement, and to resolve conflicts between the Agreement and the Debtor’s schedules. The Agreement was procedurally deficient because OneMain had not signed the covershe