From the Editor

From the Editor – Surrender

By The Honorable William Houston Brown (Retired)

Section 1322(b)(8) does not permit payment of judgment creditor’s claim with property and partial surrender is prohibited. The proposed plan provided that a judgment creditor’s secured claim would be paid by surrender of a lake house in full satisfaction. The court held that § 1325(a)(5)((C)’s surrender may not be invoked to surrender part of collateral in full satisfaction. Moreover, § 1322(b)(8) does not permit “payment” of a claim by delivery of possession of property—this would be a surrender. State law . . .

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Critical Case Comment – No Approval No Pay

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It is incumbent upon nonbankruptcy attorneys, including personal injury attorneys, to verify on PACER that their client is not a debtor and that the cause of action as to which they represent their client is not property of the estate; failure to obtain approval of the bankruptcy court for representing a debtor or settlement of a personal injury action is...

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By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . 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 E-mail:

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In re Lazaro: Non-Monetary Default and § 1322(b)(5)

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Critical Case Comment–The Not DSO POC

Henry E. Hildebrand, III

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From the Editor – Surrender

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