IN RE SMITH

Bankruptcy No. 38102281.

35 B.R. 95 (1983)

In re Sandra Ruth SMITH, Debtor.

United States Bankruptcy Court, W.D. Kentucky.

December 6, 1983.


Attorney(s) appearing for the Case

Michael R. Gosnell, Louisville, Ky., counsel for Union Investment.

David M. Cantor, Louisville, Ky., for debtor.

William S. Bornstein, Louisville, Ky., for Irvin Kahn & Son, Inc.


MEMORANDUM AND ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

In the course of conducting discharge hearings in this court, we had heretofore thought no proposition so clear as that a reaffirmation agreement concerning mortgaged real estate is binding on the debtor, regardless of whether the judge gives such a contract his official approval in open court. The present controversy draws into question that basic assumption.

By way of background, 11...

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