By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN
Santander Consumer USA, Inc. v. Brown, 2014 WL 1245266 (11th Cir. March 27, 2014) (Bucklew)
“Replacement value” standard of § 506(a)(2) applies when a Chapter 13 debtor surrenders a vehicle under § 1325(a)(5)(C).
In July of 2007, Phillip Brown purchased a 37-foot 2006 Keystone Challenger recreational vehicle. In July of 2012, when Brown filed a Chapter 13 petition, the debt was held by Santander. Santander filed a secured claim, asserting that the amount outstanding on the debt was . . .
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