From the Editor – Surrender

By The Honorable William Houston Brown (Retired)

Surrender prevents debtor from taking overt act to prevent creditor’s recovery of collateral. In two cases, a Chapter 7 and Chapter 13, the court construed the meaning of “surrender,” finding that each debtor actively defended state court foreclosure actions after either receiving a discharge or surrendering the property. Although the Code does not define the term, “at a minimum, ‘surrender’ under Bankruptcy Code §§ 521 and 1325 means a debtor cannot take an overt act that impedes a secured creditor from foreclosing its interest in secured property.” Agreeing with . . .

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