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IN RE WEIR

Bankruptcy No. 94-20727-C-7.

173 B.R. 682 (1994)

In re Timothy Michael WEIR and Ann Elizabeth Weir, Debtors.

United States Bankruptcy Court, E.D. California.

October 18, 1994.

Attorney(s) appearing for the Case

John D. Bessey, Law Offices of John D. Bessey, Sacramento, CA, for debtors.

Edward Russell, Law Offices of James G. Schwartz, Pleasanton, CA, for Sears, Roebuck and Co.

OPINION

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

Is there any bite in the Bankruptcy Code's toothless tiger, 11 U.S.C. § 521(2)? Consumer debtors who are not in default on secured consumer debts sometimes flout the mandate in section 521(2) that they state (and perform) an intention to reaffirm the debt, surrender the collateral, or redeem the collateral by paying its value. Instead, debtors who are not otherwise...

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