Robert Roland Goodwin and Gaylene Nell Goodwin

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
IN RE:
ROBERT ROLAND GOODWIN
GAYLENE NELL GOODWIN
DEBTORS
CASE NO.
05-00843-5-ATS
ORDER REGARDING REAFFIRMATION AGREEMENT
A hearing took place in Raleigh, North Carolina on June 1, 2005,
to consider whether to approve a reaffirmation agreement between the
pro se chapter 7 debtors, Robert Roland Goodwin and Gaylene Nell
Goodwin, and Chase Home Finance LLC ("Chase").
The Goodwins financed their residence at 1624 Lawson Lane, Apex,
North Carolina 27502 through Chase and wish to reaffirm their
obligation, which is secured by the residence. The court explained the
consequences of the reaffirmation agreement and informed the Goodwins
that they are not required to enter into such an agreement. The court
also explained that they have the right to rescind the reaffirmation
agreement at any time before discharge is entered or within 60 days
after the agreement was filed with the court, whichever is later. The
reaffirmation agreement was filed on April 25, 2005, and the discharge
has not been entered.
The Goodwins stated in the reaffirmation agreement that it will
not impose an undue hardship on them. They stated in court that they
Case 05-00843-5-ATS Doc 15 Filed 06/02/05 Entered 06/02/05 11:09:07 Page 1 of 2

1In cases in which a debtor appears without counsel, 11 U.S.C. §
524(c)(6)(A) requires the court to find that a reaffirmation agreement
(1) does not impose an undue hardship on the debtor and (2) is in the
best interest of the debtor. This provision does not apply where the
debt is a consumer debt secured by real property. 11 U.S.C. §
524(c)(6)(B).
2
were current with their payments when they filed their petition, and
that they have remained current postpetition. The court explained that
in this jurisdiction a secured creditor cannot repossess its collateral
if the obligation is current, and, because the Goodwins are current,
the reaffirmation agreement may not be in their best interest.
However, the decision rests with the debtors.1
The court finds that the reaffirmation agreement does not impose
an undue hardship on the debtors or their dependents, but it may not be
in their best interest. If the debtors wish to rescind the
reaffirmation agreement, they may do so by notifying the bankruptcy
clerk’s office in writing before the entry of the discharge order or
within 60 days after the date the reaffirmation agreement was filed,
whichever is later.
SO ORDERED.
DATED: June 2, 2005
Case 05-00843-5-ATS Doc 15 Filed 06/02/05 Entered 06/02/05 11:09:07 Page 2 of 2