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Reaffirmation Agreements Required

Dumont v. Ford Motor Credit Company (In re Dumont)
9th Circuit Court of Appeals Case No. 08-60002,  September 15, 2009

Ford Motor Credit Company repossessed a Chapter 7 debtor’s vehicle, without any warning, about three months after discharge, when she was current on her post-petition monthly payments. (The record is unclear whether she had ever defaulted on payments pre-petition.) The balance on the loan exceeded the value of the vehicle. The contract contained an “ipso facto” clause, stating that debtor’s filing of a bankruptcy case would be in itself constitute a default of the contract. Her Statement of Intentions had stated that she would “retain the collateral and continue to make regular payments” The creditor sent a proposed reaffirmation agreement and then its attorney sent an email to debtor’s attorney requesting reaffirmation, but debtor’s attorney “declined the offer.” (The terms of the reaffirmation offer were not clear from the record.) After the repossession, Debtor reopened the case and claimed that Ford Motor Credit had violated the discharge injunction. The bankruptcy court for the Southern District of California denied the motion.  The 9th Circuit affirmed the denial.

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According to UCLA Anderson Forecast senior economist Jerry Nickelsburg, the current forecast for California ”reflects a deeper and longer recession than we previously thought.”

The forecast for California is for a very weak first three quarters of 2009 and virtually no growth in the fourth quarter of this year. The economy will begin to pick up by 2010, and by the end of next year, the state’s economy will begin to grow at something resembling normal levels.

“The keys to California’s recovery are [a] recovery in U.S. consumption improving the demands for imports from Asia and the demand from California’s factories, the resumption of non-residential public works and multi-family residential construction growth, and the return of growth to the retail sector,” Nickelsburg writes. 

 As for the state’s unemployment situation, it is expected to get worse. The Forecast expects the unemployment rate for California to rise to 11.9 percent in the second quarter of 2010 and average 11.7 percent for the year.

 ”Though the California economy will be growing in 2011, it will not be generating enough jobs to drive the unemployment rate below double digits until the following year,” the report notes.

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