Stephanie Monie Bond

1 	By separate order, the court has stricken the
reaffirmation agreement based upon debtor’s counsel’s failure to
certify that, in his opinion, the debtor is able to make the
payments called for under the agreement. 	The court has directed
the parties to file an amended agreement within 14 days after
entry of that order.
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
STEPHANIE MONIE BOND,
Debtor.
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Case No. 07-00260
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE: MAZDA AMERICAN CREDIT’S MOTION FOR
APPROVAL OF REAFFIRMATION AGREEMENT OR, IN THE ALTERNATIVE,
FOR ENTRY OF ORDER CONFIRMING TERMINATION OF AUTOMATIC STAY
Mazda American Credit has filed a Reaffirmation Agreement
between Mazda American Credit (“Mazda”) and the debtor (Docket
Entry (“DE”) No. 12, filed July 10, 2007) and a Motion for
Approval of Reaffirmation Agreement with Mazda American Credit
or, in the Alternative, for Entry of Order Confirming Termination
of the Automatic Stay (DE No. 13, filed July 10, 2007). 	Without
addressing whether the reaffirmation agreement ought to be
disapproved, 1 the court will deny Mazda’s alternative request for
The decision below is signed as a decision of
the court.
Signed: August 06, 2007.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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2
entry of order confirming termination of the automatic stay for
the following reasons.
I
In the event the court disapproves the reaffirmation
agreement, Mazda asks that the court enter an order “confirming”
termination of the automatic stay. 	Mazda contends that, if the
court disapproves the reaffirmation agreement, the automatic stay
will terminate with regard to the debtor’s vehicle pursuant to 11
U.S.C. § 521(a)(6) because “the Debtor will have failed to either
redeem the aforesaid vehicle or reaffirm the indebtedness which
it secures . . . .”
Mazda has misconstrued § 521(a)(6). 	Section 521(a)(6)
addresses the automatic termination of the stay if certain
specified acts do not occur within 45 days after the first
meeting of creditors under § 341(a). 	Specifically, if the debtor
fails to enter into a reaffirmation agreement or to redeem the
collateral within the 45-day period, the stay terminates. 	The
stay does not automatically terminate, however, if the debtor has
entered into a reaffirmation agreement within that 45-day period.
This is true even if the court disapproves the reaffirmation
agreement. 	See In re Donald, 343 B.R. 524, 541 (Bankr. E.D.N.C.
2006) (acknowledging that, in some circumstances, a reaffirmation
agreement entered into by the debtor in good faith but
disapproved by the court may satisfy the requirements of §
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2 	If events occurring after the expiration of the 45-day
period could trigger an automatic termination of the stay under §
521(a)(6), the trustee would have no meaningful way to anticipate
the need to file a motion to continue the stay before his right
to do so expired. 	This would frustrate the trustee’s ability to
administer the estate.
3	O:\Laura\ORDERS\Reaffirmation\memorandum decision - alternative to approving reaff lift stay - Bond.wpd
521(a)(6)). 	Events occurring after the 45-day period expires
have no impact on the automatic stay under § 521(a)(6), and given
that the court can disapprove a reaffirmation agreement before or
after the expiration of the 45-day period, the court concludes
that such disapproval cannot trigger an automatic termination of
the stay. 2
II
For all of these reasons, the court will deny Mazda’s
request for an order confirming termination of the automatic stay
in the event the court disapproves the reaffirmation agreement.
An order follows.
[Signed and dated above.]
Copies to: 	Debtor; Debtor’s attorney; Chapter 7 Trustee;
Michael Klima; Office of United States Trustee.
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