In re Romero

AMENDED ORDER REGARDING SANCTIONS AND CONTINUED HEARING ON REAFFIRMATION AGREEMENT

The Reaffirmation Agreement (“Agreement”) between Ray David Romero (“Debtor”) and JP Morgan Chase (“Creditor”) was filed on October 30, 2014. Debtor and Creditor both signed the Agreement. The Agreement is attachment “A” hereto. Debtor was not represented by counsel during the negotiation of the Agreement. 2 Accordingly, pursuant to 11 U.S.C. § 524 (d), the Court must hold a hearing. At such a hearing, under 11 U.S.C. § 524 (d)(2), the Court must “deter *641 mine whether the agreement that the debtor desires to make complies with the requirements of subsection (c)(6) of this section.”

11 U.S.C. § 524 (c)(6)(A) provides that a reaffirmation agreement is enforceable only if, “in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as (i) not imposing an undue hardship on the debtor or a dependent of the debtor; and (ii) in the best interest of the debtor.”

A. Factors the Court Should Consider in Reviewing a Reaffirmation Agreement.

In order for the Agreement filed by Creditor…