John Archie McNair, Jr. and Grace Elizabeth Taylor-McNair

1:09-bk-00487DcbOct 9, 2009

Full text

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
JOHN ARCHIE MCNAIR and GRACE
ELIZABETH TAYLOR-MCNAIR,
Debtors.
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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Not for Publication in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
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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
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