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MATTER OF ROBERTS

Bankruptcy No. BK91-41435.

154 B.R. 967 (1993)

In the Matter of Kevin and Tina ROBERTS, Debtors.

United States Bankruptcy Court, D. Nebraska.

April 11, 1993.

Attorney(s) appearing for the Case

John Hahn, Lincoln, NB, for Park Place Pontiac-Cadillac-GMC, Inc.

Sandra DeLair, Lincoln, NB, for Kevin and Tina Roberts, debtors.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

This bankruptcy case was reopened for the limited purpose of determining whether a reaffirmation agreement between the debtors and GMAC is enforceable. I conclude that the reaffirmation agreement is not binding because it does not contain a "clear and conspicuous" notice of rescission and because debtors effectively rescinded by conduct.

On December 22, 1990, and prior to the filing of the bankruptcy...

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