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§ 521(a)(2)

Templin, In re

Ruling
Motion to delay entry of debtor's discharge was denied as debtor's failure to comply with § 521(a)(2) was not grounds for delaying entry of his discharge order. (Bankr. D.N.M.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by Property of the Estate.

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Consumer opinion summary, case decided on April 17, 2018 , LexisNexis #0518-097

Gregory, In re

Ruling
Debtor was not required to surrender property to a creditor where debtor's expression ofintention was mere relinquishment and not surrendering the property. (Bankr. W.D. Mo.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by Property of the Estate; Statement of Intention.

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Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-068

Failla v. Citibank, N.A. (In re Failla)

Ruling
Debtors who chose to surrender property could not oppose foreclosure. (11th Cir.)
Issue(s)
Whether a person who agrees to "surrender" his house in bankruptcy may oppose a foreclosure action in state court

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 04, 2016 , LexisNexis #1016-112

In re Woide

Ruling
Case reopened to allow creditor to seek to compel surrender of property. (Bankr. M.D. Fla.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by

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Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #1216-007

In re Elowitz

Ruling
Debtors were ordered to surrender property to the owner of note and mortgage.
Issue(s)
Should debtors be compelled to turn over real property in accordance with a stipulation?

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Consumer opinion summary, case decided on May 17, 2016 , LexisNexis #0616-114

In re Elkouby

Ruling
Where debtor indicated intent to abandon property, the property was abandoned back to debtor upon closing of case.
Issue(s)
What was effect of debtor's expressed intention to surrender property after closing of the case?

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Consumer opinion summary, case decided on February 29, 2016 , LexisNexis #0316-083

In re Williamson

Ruling
Secured creditor could not obtain order to compel debtor to redeem property securing debt or reaffirm the debt.
Issue(s)
Whether a creditor can obtain an order compelling debtors who wish to retain personal property subject to the creditor's security interest to either enter into a reaffirmation agreement or redeem the property?

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Consumer opinion summary, case decided on November 02, 2015 , LexisNexis #1115-116

In re Trussel

Ruling
Debtor could not be compelled to reaffirm debt in accordance with stated intention absent bad faith.
Issue(s)
Could debtor who had stated intention to surrender property be compelled to do so?

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Consumer opinion summary, case decided on March 05, 2015 , LexisNexis #0615-049

In re Caffey

Ruling
Relief from stay to proceed against motor vehicle was unnecessary where stay had expired due to debtor's failure to file statement of intent.
Procedural posture

A creditor filed a motion for relief from the automatic stay and for abandonment with respect to a chapter 7 debtor's vehicle, which it repossessed the day before her case was commenced.

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Consumer opinion summary, case decided on June 24, 2013 , LexisNexis #0713-084

In re Ervin

Ruling
Debtor's failure to file statement of intention with regard to judicial lien impairing exemption did not preclude avoidance.
Procedural posture

This matter was before the court on debtor's motion to avoid the judicial lien of a lienholder.

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Consumer opinion summary, case decided on May 02, 2013 , LexisNexis #0613-048