1:09-bk-00487•John Archie McNair, Jr. and Grace Elizabeth Taylor-McNair
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UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re JOHN ARCHIE MCNAIR and GRACE ELIZABETH TAYLOR-MCNAIR, Debtors. ) ) ) ) ) ) Case No. 09-00487 (Chapter 7) Not for Publication in West’s Bankruptcy Reporter MEMORANDUM DECISION AND ORDER As noted in In re Gaylor, 379 B.R. 413 (Bankr. D. Conn. 2007), "assumption pursuant to Section 365(p)(2) does not require court approval or other court action. In re Walker, No. 06-11514C-7G, 2007 WL 1297112 (Bankr. M.D.N.C. April 27, 2007); In re Rogers, 359 B.R. 591 (Bankr. D.S.C. 2007)." It is thus ORDERED that the Motion is denied as unnecessary, provided, further, that the foregoing is not an adjudication of (1) the effect (if any) the Debtor's impending discharge may have in respect of the purportedly assumed Lease Agreement or (2) the enforceability of the Debtor's purported "waive[r]" of such discharge set forth in the Stipulation because neither of such issues is properly before the court. The document below is hereby signed. Signed: October 09, 2009. _____________________________ S. Martin Teel, Jr. United States Bankruptcy Judge Case 09-00487 Doc 35 Filed 10/09/09 Entered 10/09/09 15:56:23 Desc Main Document Page 1 of 2
2 O:\TEEL\Garrett\Orders\Reaffirmation\Memorandum Decision No Court Action Necessary.wpd [Signed and dated above.] Copies to: Debtor; Debtor’s attorney; Chapter 7 Trustee; Office of United States Trustee. Case 09-00487 Doc 35 Filed 10/09/09 Entered 10/09/09 15:56:23 Desc Main Document Page 2 of 2
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