§ 521(a)(2)(A)

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.)
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Consumer case opionion summary, case decided on June 14,2017, LexisNexis #0717-068

In re Woide

Ruling: 
Case reopened to allow creditor to seek to compel surrender of property. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on June 21,2016, LexisNexis #1216-007

In re Elkouby

Ruling: 
Where debtor indicated intent to abandon property, the property was abandoned back to debtor upon closing of case.
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Consumer case opionion summary, case decided on February 29,2016, LexisNexis #0316-083

In re Trussel

Ruling: 
Debtor could not be compelled to reaffirm debt in accordance with stated intention absent bad faith.
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Consumer case opionion summary, case decided on March 05,2015, LexisNexis #0615-049

Samson v. Western Capital Partners LLC (In re Blixseth)

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.
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.
Court: 9th Circuit ( ) [ Circuit Court ]
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Consumer case opionion summary, case decided on June 21,2012, LexisNexis #0712-046

In re Gentry

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.
Ruling: 
Statement of intention to surrender property did not prevent debtor from claiming exemption.
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Consumer case opionion summary, case decided on November 15,2011, LexisNexis #1211-011

Noland v. HSBC Auto Fin. Inc. (In re Baine)

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.
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.
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Consumer case opionion summary, case decided on September 09,2008, LexisNexis #1008-043

In re Moustafi

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.
Ruling: 
Bankruptcy court refused to approve reaffirmation agreement that was not in best interests of debtor.
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In re Hinson

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.
Ruling: 
Ipso facto clause in motor vehicle purchase contract was not enforceable where debtor gave timely notice of intention to reaffirm debt.
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