Enrico Griego Caperal and Roselle Enriquez Caperal

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
ENRICO GRIEGO CAPERAL 	: 	Case No. 08-25742PM
ROSELL ENRIQUEZ CAPERAL 	: 	Chapter 7
:
Debtors 	:
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MEMORANDUM OF DECISION
Before the court is the Debtors’ Motion to Vacate Discharge Order to enable them to
reaffirm the debt secured by a 2007 Chrysler Pacifica. The Motion states that “Debtors do not
want to incur the cost of litigating whether the mere fact of filing bankruptcy and refusal to
reaffirm a debt gives that creditor the right under Maryland law to repossess their vehicle
although there is no other default.”
This bankruptcy case under Chapter 7 was filed November 26, 2008. Debtors’ Statement
of Intention, filed pursuant to § 521(a)(2), stated that “Debtor will retain collateral and continue
to make regular payments.” Section 521(a)(2) states:
11 USC § 521. Debtor’s duties
(a) The debtor shall--
(2) if an individual debtor’s schedule of assets and liabilities
includes debts which are secured by property of the estate--
(A) within thirty days after the date of the filing of a
petition under chapter 7 of this title or on or before the date of the
meeting of creditors, whichever is earlier, or within such additional
time as the court, for cause, within such period fixes, the debtor
shall file with the clerk a statement of his intention with respect to
Date signed March 19, 2009
Entered: March 19, 2009 Case 08-25742 Doc 29 Filed 03/19/09 Page 1 of 2

the retention or surrender of such property and, if applicable,
specifying that such property is claimed as exempt, that the debtor
intends to redeem such property, or that debtor intends to reaffirm
debts secured by such property;
(B) within 30 days after the first date set for the meeting of
creditors under section 341(a) or within such additional time as the
court, for cause, within such 30-day period fixes, the debtor shall
perform his intention with respect to such property, as specified by
subparagraph (A) of this paragraph.
(C) nothing in subparagraphs (A) and (B) of this paragraph
shall alter the debtor’s or the trustee’s rights with regard to such
property under this title, except as provided in section 362(h).
The court agrees with the overwhelming majority of courts that have dealt with this issue
and finds that it lacks authority to ignore the statutory direction of 11 U.S.C. § 524(c) that
reaffirmation agreements must be made prior to the entry of discharge; otherwise they are
unenforceable. See In re Huffman, 2007 WL 1856770 (BC M.D.N.C.); In re Carrillo, 2007 WL
2916328 (BC Utah), and the cases cited in those opinions.
An appropriate order will be entered.
cc:
Robert Haeger, Esq., 9535 Fern Hollow Way, Gaithersburg, MD 20886
Enrico/Roselle Caperal, 154 Gibbs Street, Apt. 204, Rockville, MD 20850
Michael G. Wolff, Trustee, 15245 Shady Grove Road, Suite 465, Rockville, MD 20850
End of Memorandum
Case 08-25742 Doc 29 Filed 03/19/09 Page 2 of 2