AMERICREDIT FINANCIAL SERVICES ) INC., D/B/A GM FINANCIAL v. OSWALDO RODRIGUEZ
Mar 10, 2016OUTCOME: The Court finds that the Plaintiff has not carried its burden of proof by a preponderance of the evidence. Judgment will be entered against Plaintiff.
The Debtor sought relief under chapter 7 of the Bankruptcy Code on November 18, 2014, less than a month after the vehicle purchase. He expressed an intent to reaffirm the debt with GM Financial. See ... Chapter 7 Individual Debtor’s Statement of Intention, Bankruptcy Case 14-41542, Docket Number 1, p. 32. However, the debt has not been reaffirmed; no reaffirmation agreement has been filed on the docket in this case to date as required by 11 U.S.C. § 524(c)(3). On January 12, 2015, Plaintiff, AmeriCredit, initiated the adversary proceeding herein seeking to have the debt associated with the purchase of the Equinox held to be not dischargeable because the Debtor refused to enter into a reaffirmation agreement and because he purchased the vehicle under the false pretense that he intended to remain liable for payments under the contract when he purchased the vehicle, a luxury item, less than ninety days prior to commencing this bankruptcy case.
