From the Editor’s Desk – Surrender

By The Honorable William Houston Brown (Retired)

Surrender of secured property does not divest ownership, but a plan may propose to vest property in another entity. Under § 1325(a)(5)(C), a plan proposal to surrender property securing a claim establishes that the debtor will not oppose the creditor taking action to transfer title to the property, but the surrender itself does not divest the debtor of ownership or obligations related to the property. Section 1322(b)(9)’s provision that a plan may provide for vesting in the debtor or another does not require the . . .

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