- 11 U.S.C.
Gregory, In re
Jun
14
2017
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.
ABI Membership is required to access the full summary of Gregory, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Woide
Jun
21
2016
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
ABI Membership is required to access the full summary of In re Woide Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Elkouby
Feb
29
2016
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?
ABI Membership is required to access the full summary of In re Elkouby Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Trussel
Mar
05
2015
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?
ABI Membership is required to access the full summary of In re Trussel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Samson v. Western Capital Partners LLC (In re Blixseth)
Jun
21
2012
Ruling
Stay terminated as to all personal property securing creditor's claim, not just scheduled property, where debtor failed to file a statement of intention.
Procedural posture
Appellant, the trustee in a chapter 7 case, filed a motion in bankruptcy court to enforce the automatic stay under 11 U.S.C.S. § 362 against appellee creditor. The bankruptcy court denied the motion, and the United States Bankruptcy Appellate Panel for the Ninth Circuit affirmed. The trustee appealed.
ABI Membership is required to access the full summary of Samson v. Western Capital Partners LLC (In re Blixseth) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Gentry
Nov
15
2011
Ruling
Statement of intention to surrender property did not prevent debtor from claiming exemption.
Procedural posture
A chapter 7 trustee objected to a debtor's amended claim of homestead exemption under Fla. Const. art. X, § 4(a)(1) on the grounds that the debtor, having indicated his intent to surrender the property on the petition date, was not eligible for the exemption on that date.
ABI Membership is required to access the full summary of In re Gentry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Noland v. HSBC Auto Fin. Inc. (In re Baine)
Sep
09
2008
Ruling
Creditor could repossess vehicle despite improperly perfected security interest where debtor did not follow through on stated intention to surrender and stay had terminated.
Procedural posture
Plaintiffs, two debtors and a chapter 7 trustee, filed a complaint seeking avoidance of defendant creditor's unperfected security interest in a truck and seeking damages for violation of the automatic stay arising from the creditor's repossession of the truck. The parties filed cross motions for summary judgment.
ABI Membership is required to access the full summary of Noland v. HSBC Auto Fin. Inc. (In re Baine) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Moustafi
Jun
04
2007
Ruling
Bankruptcy court refused to approve reaffirmation agreement that was not in best interests of debtor.
Procedural posture
After debtor, who had filed a chapter 7 proceeding, timely filed a statement of intention and entered into a reaffirmation agreement with a creditor that held a security interest in her car, court approval was sought. At issue was whether the reaffirmation agreement was properly approved, whether debtor could retain the car even if the court denied approval of the agreement, and the effect of 11 U.S.C. §§ 362(h) and 521(d) thereon.
ABI Membership is required to access the full summary of In re Moustafi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hinson
Sep
11
2006
Ruling
Ipso facto clause in motor vehicle purchase contract was not enforceable where debtor gave timely notice of intention to reaffirm debt.
Procedural posture
Movant debtor filed a motion for contempt against respondent creditor for attempting to recover attorney's fees that the debtor was not required to pay.
ABI Membership is required to access the full summary of In re Hinson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: