Case No. 10-77978.United States Bankruptcy Court, E.D. Michigan, Southern Division.
May 4, 2011
ORDER DENYING DEBTOR’S MOTION TO VACATE DISCHARGE ORDER
THOMAS TUCKER, Bankruptcy Judge
This case is before the Court on a motion by Debtor entitled “Motion For/To Vacate Discharge Order” (Docket # 43, the “Motion”), which seeks to vacate Debtor’s discharge so that Debtor can reaffirm a debt with Chase Auto Finance.
Under 11 U.S.C. § 524(c)(1), a reaffirmation agreement is not enforceable unless it “was made before the granting of the discharge under section 727.” The Debtor and Chase Auto Finance made a Reaffirmation Agreement, but Chase Auto Finance did not sign the agreement until April 6, 2011, after the Debtor’s discharge order was entered on March 29, 2011 (See Docket ## 33, 35, 38). This is indicated in Part B of the Reaffirmation Agreement. (See Docket ## 35, 38). Therefore, no reaffirmation agreement between Debtor and Chase Auto Finance was made before Debtor was granted a discharge. As a result, there can be no enforceable reaffirmation agreement between these parties in this case.
Setting aside the discharge, as Debtor seeks to do, would not cure this problem. The historical fact is that the discharge was granted on March 29, 2011, and vacating the discharge would not change that historical fact and its impact under § 524(c)(1). See In re Herrera, 380 B.R. 446, 449-55 (Bankr. W.D. Texas 2007) and cases cited therein.
Accordingly,
IT IS ORDERED that the Motion (Docket # 43), is denied.