Reaffirmation, Redemption And Surrender Of Personal Property Vs. “Ride Through” In Chapter 7 Cases

Reaffirmation, Redemption And Surrender Of Personal Property Vs. “Ride Through” In Chapter 7 Cases – Part I of III

By James F. Molleur, Esq., Molleur Law Office, Biddeford, Maine
(Republished with permission. Originally published at the Thirty-Ninth Annual Southeastern Bankruptcy Law Institute, March 21, 2013, Atlanta, Georgia)

Section 521(a)(2) Statement of Intention

To begin at the beginning, Section 521(a)(2) defines a debtor’s rights and obligations regarding secured debts upon filing a Chapter 7 bankruptcy petition. Section 521(a)(2) reads as follows:

(a) The debtor shall—

(2) if an individual debtor . . .

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TMI: Too Much Information

Marie-Ann Greenberg

August 6, 2023

Practice Point: Just because it is an unsecured claim does not mean that it should be ignored. Review all claims for inappropriate violations and disclosure of personal identifiers! Keep track of serial violators for possible use in future requests for contempt and sanctions. With all of the emphasis these days on transparency and the requirement for more and more information...

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Taekwondo Takedown: Chapter 7 Dismissed Over Discretionary Spending

Henry E. Hildebrand, III

September 22, 2024

The debtor’s family expense for nonessential taekwondo training and gym memberships demonstrated an abuse of Chapter 7 and the case would be dismissed unless converted to a Chapter 13.

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Critical Case Comment–The Not DSO POC

Henry E. Hildebrand, III

June 5, 2022

The bankruptcy rights of an ex-member of anunmarrieddomestic couple, now separated are not the same as those of an ex-spouse; the language of a domestic arbitration can clearly dictate if property is vested in the ex or is a simple money judgment. (Hamilton) In re Harshaw, 2022 WL 533701 (7th Cir. February 23, 2022) Case Summary Donald Harshaw was married...

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Towering Victory: UT Law Shines Bright with Third Duberstein Moot Court Championship

Debbie Langehennig

January 12, 2025

Trustee Deborah Langehennig lead University of Texas to its third national Duberstein championship. GO DEB!!!!

Judicial Year in Review 2021: Part 3 – Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

Lawrence R. Ahern, III

December 5, 2021

Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, and Part 2's digest of selected judicial decisions of interest for their procedural import . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or...

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Fannie/Freddie Flex Modification Update

Roberto Rivera

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We are pleased to provide a detailed guide to new guidelines for Flex Modifications effective both 11/1 and 12/1.

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Chapter 13 debtor had absolute right to dismiss. Facing a contested confirmation hearing, the debtor moved to dismiss the case, and his estranged spouse objected. Concluding that § 1307(b) provides an absolute right to dismiss a case that had not been previously converted, the court posed questions about whether there should be limits...

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Thoughts on the Law: “None of My Business” Or “CU Later”? – Does Refusing to Do Business with a Debtor Violate the Automatic Stay?

February 9, 2020

By The Honorable John P. Gustafson Can a creditor refuse to do business with a debtor, or is such refusal a violation of the automatic stay? The case of Brown v. Penn State Employees Credit Union, 851 F.2d 81 (3rd Cir. 1988) held that a credit union’s refusal to continue to do business with a debtor who caused a loss...

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Critical Case Comment

June 14, 2020

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) Chapter 13 debtor may exclude from disposable income amounts projected to be paid to an employer sponsored 401(k) where such payments are consistent with pre-filing contributions made to the retirement account. Davis v. Helbling, 2020 WL 2831172 (6th Cir. June 1, 2020) (Larsen) Case Summary In 2017, Camille Davis filed...

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Expectations for the 341 Meeting of Creditors

Martha G. Bronitsky

October 6, 2024

This week Trustee Bronitsky brings subscribers an excellent checklist on conducting 341’s – yes, we know, unless you are new to consumer bankruptcy practice you’ve been doing them for years but chances are you too need this reminder!!

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