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§ 521(a)(6)

In re Foster

Ruling
Bankruptcy court would not order turnover of collateral to creditor where proper remedy was relief from stay.
Issue(s)
Whether to grant a creditor's motion for an order compelling physical surrender of its collateral.

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Consumer opinion summary, case decided on March 21, 2016 , LexisNexis #0416-049

In re Tuck

Ruling
Disapproval of reaffirmation agreement had no impact on stay.
Procedural posture

A debtor filed for relief under chapter 13. The debtor filed an objection to a deficiency claim of $16,167 filed by a creditor, which allegedly arose after the debtor surrendered his vehicle.

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Consumer opinion summary, case decided on December 10, 2007 , LexisNexis #0108-119

In re Bond

Ruling
Disapproval of reaffirmation agreement did not trigger automatic termination of stay.
Procedural posture

The debtor filed for relief under chapter 7. The creditor filed a motion for approval of a reaffirmation agreement or in the alternative an entry of an order confirming termination of the automatic stay.

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opinion summary, case decided on August 06, 2007 , LexisNexis #0907-080

In re Bower

Ruling
Approval of reaffirmation agreement denied as not in debtor's best interests.
Procedural posture

The debtor filed for relief under chapter 7. As part of the discharge hearing, the creditor and the debtor submitted a proposed reaffirmation agreement, for approval by the court, that would require the debtor to make $224 per month payments to the creditor for the payment of her vehicle.

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opinion summary, case decided on July 26, 2007 , LexisNexis #0807-114

In re Tara Sheet Metal Inc.

Ruling
Corporate debtor was not required to file statement of intent to reaffirm debt or redeem motor vehicle.
Procedural posture

Movant creditor filed a motion under 11 U.S.C. § 362(i) confirming that the automatic stay terminated as a matter of law with regard to a debtor's personal property.

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opinion summary, case decided on October 11, 2006 , LexisNexis #0107-113