“I Surrender” (or Maybe Not) – the Impact of “Surrender” in Post-Discharge Foreclosure Proceedings

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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