- 11 U.S.C.
McCaskey, In re
Sep
30
2024
Ruling
Debtor's inability to deliver physical possession of an ATV did not constitute a material default under the Chapter 13 plan or cause to dismiss the case as it had not been shown that debtor concealed the collateral or perpetrated a fraud. (Bankr. S.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured
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- 11 U.S.C.
Gilmore, In re
Nov
09
2023
Ruling
Debtor properly proposed in his plan to provide for the secured debt by surrendering theproperty. (Bankr. N.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured
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- 11 U.S.C.
In re Stewart
Sep
01
2015
Ruling
Debtor could surrender title to LLC that serviced the mortgage on the property.
Issue(s)
Could debtor obtain an order to surrender title to property directly to the LLC that serviced a mortgage on the property?
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- 11 U.S.C.
In re Ware
Aug
10
2015
Ruling
Debtor not required to physically surrender vehicle that was stolen.
Issue(s)
Was debtor required to physically deliver a motor vehicle when debtor was incapable of doing so through no fault of her own due to theft?
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Smart
Mar
09
2015
Ruling
Debtors who surrendered property to lienholders, including homeowners' association, were not required to continue to make postpetition assessment payments.
Issue(s)
Was debtor who surrendered property to creditors, including a homeowners' association, obligated to continue making assessment payments to the association?
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- 11 U.S.C.
In re Rose
Jul
08
2014
Ruling
Secured creditor was not required to accept title to property surrendered by debtor.
Issue(s)
Could debtor's quitclaim their property to lienholder, the Small Business Association, without the SBA's consent?
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:
- 11 U.S.C.
Santander Consumer USA Inc. v. Brown (In re Brown)
Mar
27
2014
Ruling
Confirmation affirmed where plan properly premised bifurcation on valuation of surrendered collateral based on replacement value.
Issue(s)
Whether § 506(a)(2)'s valuation standard based on replacement value applied when chapter 13 debtor proposed to surrender a motor vehicle under § 1325(a)(5)(C)?
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Perry
Oct
09
2012
Ruling
Debtor authorized to surrender real property to creditor mortgagee if foreclosure was not commenced within 60 days.
Procedural posture
Debtor filed a motion for an order approving surrender of her real property to creditor mortgagee and to modify her chapter 13 plan.
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- 11 U.S.C.
Branch Banking & Trust Co. v. Coffia (In re Coffia)
Mar
23
2010
Ruling
Plan confirmed over creditor's objection with regard to ability to pursue deficiency.
Procedural posture
A creditor filed an objection to confirmation of the chapter 13 debtors' plan on the grounds that it provided for the surrender of real property in full satisfaction of the creditor's secured claim under 11 U.S.C.S. § 1325(a)(5)(C) without providing the creditor recourse to pursue any deficiency.
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- 11 U.S.C.
In re Amidon
Feb
02
2010
Ruling
Debtors could not deduct mortgage payments on home intended for surrender from monthly disposable income.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' proposed plan. The parties agreed that before the other confirmation issues could be addressed, one threshold question had to be resolved: whether, in calculating the debtors' monthly disposable income, they could deduct certain mortgage expenses on a home that they intended to surrender pursuant to 11 U.S.C.S. § 1325(a)(5)(C).
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