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 . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

Copy of Hildebrand-2016
December 4, 2022
Chapter 13 plan which provided a specific amount to be cured on a reverse mortgage under § 1322(b)(5) would be controlled by the specific term of the plan provision and not by the larger proof of claim filed by the creditor. (Baer) In re Edelstein, 2022 WL 16730027 (Bankr. N.D. Ill. November 7, 2022) Case Summary The Edelsteins filed Chapter...
Members
boltz2
October 27, 2024
This study looks at forensic “accounting as a new generation tool that has adopted modern technology to detect financial fraud.” See Attorney Boltz’ comments on the use of forensic accounting in Chapter 13 cases.
March 22, 2026
Chapter 13 plan did not discriminate unfairly against unsecured creditors that were not student loan creditors even though, under the plan, debtors were to pay student loan debt directly because all of debtors’ projected disposable income was devoted to unsecured creditors pool, allowing non-student-loan creditors, to which entire UCP would be devoted, to receive pro rata share equal to or...
June 9, 2019
By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Introduction Preliminarily, I recognize that many of those reading this do not need to. There are many fine trial attorneys in the bankruptcy bar. Those folks could well be writing this article. By way of defending myself in advance, this little piece does not consist of a series of war stories or...
Members
January 17, 2021
By Kevin M. Ball, Eastern Michigan University Senator Warren and Representative Nadler introduced identical legislation entitled the Consumer Bankruptcy Report Act (“CBRA”) late in the 116th Congress. Although the bills died without action at the conclusion of that term, the sponsors have indicated their intent to reintroduce them in the 117th Congress. The legislation would bring major changes to the...
Members
molly simons
October 5, 2025
Bankruptcy couldn’t wipe away debts for discrimination and retaliation—intentional harm is non-dischargeable.
Members
tonydiab
June 25, 2023
Litigation Practice Group Lawsuits: 4 Cases to Know (This is the only free article we could find on Litigation Practice Group a/k/a Phoenix Law and disbarred Tony Diab.  He has been disbarred from both Nevada and California.)
Consumer Bankruptcy Education
January 19, 2025
Director’s Awards Recognize 16 Employees for Leadership, Service FOUR are from bankruptcy courts!!
ahern_larry_regular
December 4, 2022
Introduction This series reviews developments in bankruptcy procedure during 2022. Amendments to 16 rules and new one new rule take effect December 1, 2022, absent Congressional action. Many reflect changes necessitated by the Small Business Reorganization Act of 2019 (SBRA),1 and have been in place in the same or similar form on an interim basis since that legislation took effect.
Members
Copy of Hildebrand-2016
June 12, 2022
A new day is coming to high debt borrowers seeking to file Chapter 13 but confounded by the debt limits imposed by 11 U.S.C. § 109(e). Although debt limits have been increasing since the effective date of the Code in 1979, consumer debts have been increasing at a far more rapid rate. Starting in 2009, when the housing crisis first...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: