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CREDITOR’S CONDUCT DID NOT VIOLATE DISCHARGE INJUNCTION, REAFFIRMATION RULES, OR THE AUTOMATIC STAY

In Dubois v. Ford Motor Credit Company, 2001 WL 290353 (D. Minn.), aff'd, 2002 WL54557 (8th Cir. January 16, 2002), the debtors leased a pickup truck that was financed by Ford Motor Credit Company and made monthly payments to Ford. Debtors then filed a petition under Chapter 7 and submitted a payment on the lease to Ford after they filed for bankruptcy. Thereafter, Ford sent a letter to Debtor’s attorney that sought to determine whether Debtors planned to keep their vehicle and continue to make payments or whether they planned to surrender the vehicle. Debtor’s counsel returned the letter to Ford indicating that Debtors would continue to make payments. Debtors received their discharge and continued to pay on the lease until they entered into another vehicle lease and paid a lump sum to satisfy their obligation under the initial lease. Four years after receiving Ford’s letter, Plaintiffs brought this suit alleging that:
(a) the letter was an invalid reaffirmation agreement and thus violated 11 U.S.C. § 524(c) of the Bankruptcy Code (basically, § 524(c) sets out the conditions under which an