[CLBS] personal property leases

[Randy French]

As you know, the procedure for a consumer debtor to assume a consumer lease
is set in 365(p).  Debtor informs lessor that debtor wants to assume the
lease.  Lessor informs Debtor that Lessor wants Consumer to assume the
lease.  Debtor informs lessor that it assumes the lease.  Very clear,
concise and easy to follow.  I have never seen anybody actually use this
procedure.

The potential benefit of any other procedure is that the lease is not
actually assumed and the debtor can still walk away from the lease with no
liability later. Or at least you can litigate the issue.  I do not have it
now, but I am confident I saw a decision that determined there was no
personal liability on a alter breach of the lease where the procedure had
not been followed.

I question whether the reaff procedure would work given the explicit
procedure required in 365(p).  But, there may be nothing to lose from the
perspective of the debtor.


Randy French


Please note that my contact information has changed.  My phone number is
208-859-6881, my email address is rfrench at rfrenchlaw.com and my mailing
address is P.O. Box 836, Boise ID 83701.  My office is now located at 1673
East Lewis Lane, Boise Idaho 83712.  Please update your records
accordingly.  Thanks.



Randy French




Law Office of Randal J. French, P.C.
Attorneys at Law
AP.O. Box 836 PBoise, ID 83701 B(208) 859-6881  

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Laura Burri
Sent: Thursday, October 15, 2015 12:32 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] personal property leases

I have a client that leases automobiles. I am wondering if it correct to
have the debtor sign a reaffirmation agreement pertaining to the lease or
should a motion and/or stipulation to assume the lease be more appropriate?
Thank you. 

Laura E. Burri
Attorney at Law
Morrow & Fischer, PLLC
322 North Broadmore, Suite 102
Nampa, Idaho 83687
Phone (208) 475-2200
Fax      (208) 475-2201
lburri at morrowfischer.com 

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