Reaffirmation, Redemption and Surrender of Personal Property vs. “Ride Through” In Chapter 7 Cases – Part II of III

By James F. Molleur, Esq., Molleur Law Office, Biddeford, Maine   Click here for part I

(Republished with permission.  Originally published at the Thirty-Ninth Annual Southeastern Bankruptcy Law Institute, March 21, 2013, Atlanta, Georgia)

When Does the Presumption of Undue Hardship Arise?

Section 524(m)(1) establishes when the presumption of undue hardship arises, and thereby triggers a Court hearing under Section 524 (d)(1).  Section 524(m) reads as follows:

(m)
(1) Until 60 days after an . . .

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