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Debtor lawyers should interpret the ”best interests of the debtor” requirement restrictively and strictly, as this is a critical element of diligent representation. The reintroduction of this element for represented debtors responds to previously cited evidence that some lawyers do not take the inappropriate harshness analysis seriously. 367 Capital Communications Federal Credit Union v. Boodrow, Civ. No. 96-5078, 1997 WL 564226 (2d Cir. Sept. 12, 1997) (allows for the retention of collateral without confirmation or withdrawal); In re Belanger, 962 F.2d 345 (4th cir. 1992); Lowry Federal Credit Union v. West, 882 F.2d 1543 (10th Cir. 1989) (equal). See also Mayton v. Sears, Roebuck &Co, 208 B.R.

61 (B.A.P. 9th Cir. 1997); Sears Roebuck &Co. v. Lamirande, 199 b.R. 221 (D. Mass. 1996); Premier N. Am. Nat`l Bank v. Doss, 203 B.R.

57) (Bankr. W.D. Va. 1996); In re Ogando, 203 B.R. 14 (Bankr. D. Mass. 1996); In re Parlato, 185 B.R. 413 (Bankr. D. Conn.

1995). Back to Text 311 The courts have cancelled certain debts after the repetition, which are in fact excusable debts under cover of new debts if the parties have not met the requirements of section 524(c). Cases where the courts have, for this reason, annulled the confirmatory agreements are: in re Getzoff, 180 B.R. 572 (B.A.P. 9th Cir. 1995); In re Artzt, 145 B.R. 866 (Bankr. E.D.

Tex. 1992); In re Gardner, 57 B.R. 609 (Bankr. D. Me 1986); In re Gilliland, 62 B.R. 587 (Bankr. D. Neb. 1986). Of course, the courts can only formally invalidate these post-petition agreements if they are brought to their attention, and it is difficult to say how often this happens. While the Commission has no position on the correct interpretation of the current statute, which led to the division of the county courts, the Commission recommends that a passage should not be allowed.

A Chapter 7 debtor who fails to confirm or cash the asset in accordance with Section 524(c) would not have a bankruptcy basis to prevent the creditor from repossessing the property after his or her dismissal. . . .

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