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IN RE GARDNER

Bankruptcy Nos. 185-00041, C7-50804.

57 B.R. 609 (1986)

In re Bruce S. GARDNER f/d/b/a Couture & Gardner, Debtor.

United States Bankruptcy Court, D. Maine.

February 5, 1986.

Attorney(s) appearing for the Case

Robert J. Daviau, Daviau, Jabar & Batten, Waterville, Me., for creditor Andrew Couture.

John E. Nale, Nale & Nale, Waterville, Me., for creditor George F. Terry, III.

Jonathan Hull, Damariscotta, Me., for debtor.

MEMORANDUM DECISION

FREDERICK A. JOHNSON, Bankruptcy Judge.

The interesting issue presented in this proceeding is whether an agreement to settle a pre-filing state court negligence action is a reaffirmation agreement subject to the requirements of 11 U.S.C. § 524(c), or is a post-filing agreement for new consideration. The court concludes that the agreement is a reaffirmation which does not meet the requirements of Section 524(c) of the Code and is...

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