By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of 2019 (SBRA),2 deals on its face with a non-consumer topic. However, it will be of great...
“I Surrender” (or Maybe Not) – the Impact of “Surrender” in Post-Discharge Foreclosure Proceedings
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By Academy Staff
Congress used the word “surrender” in multiple sections of the Code. Section 521(a)(2) requires a debtor to file a Statement of Intentions with respect to retention or “surrender” of property. Section 521(a)(4) speaks of “surrendering” property to the Chapter 7 Trustee. Sections 521(a)(6) and 362(h) indicate that if a debtor does not carry out the Statement of Intentions, the stay is lifted, at least as to personal property. In Chapter 13, Section 1352(a)(5) indicates that “surrender” of collateral is one acceptable way to deal with a . . .
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