In re Snyder, No. 10-62052, 2012 WL 1110119, at *2 (Bankr. N.D.N.Y. Apr. 2, 2012) (Davis)

Plan cannot partially surrender collateral securing commercial mortgage while paying balance of bifurcated mortgage; alternatives in § 1325(a)(5) “for the treatment of secured claims of non-consenting secured creditors . . . are mutually exclusive.” Citing First Brandon National Bank v. Kerwin (In re Kerwin), 996 F.2d 552 (2d Cir. June 11, 1993) (Newman, Cardamone, Mahoney), § 1325(a)(5)(C) requires surrender of all property.

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