MATTER OF DUKE

No. 95-2029.

79 F.3d 43 (1996)

In the Matter of William DUKE, Debtor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 15, 1996.


Attorney(s) appearing for the Case

Scott C. Frost (argued), Blatt, Hasenmiller, Leibsker, Moore & Pellettieri, Chicago, IL, Joseph Kehoe, Wilson & McIlvaine, Chicago, IL, Steven H. Kuh, Chicago, IL, for Appellee Sears, Roebuck & Company.

Robert J. Adams, Brian C. Pedersen (argued), Jennifer Hogarty, Adams & Associates, Chicago, IL, for debtor-appellant Duke.

Before POSNER, Chief Judge, and MANION and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

Although bankruptcy is normally viewed as a process through which a debtor obtains relief from pre-petition obligations and gets a fresh start in life (financially, at least), things are not always that simple. This case presents a wrinkle that occurs when, during the bankruptcy proceeding, a creditor makes an offer to a debtor to reaffirm a pre-petition debt, in exchange for certain benefits. The debtor's lawyer here believes that the...

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