ABI Commission on Consumer Bankruptcy – What Does It Mean to Surrender?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

One of the most confusing elements in consumer bankruptcy practice is the effect of electing the option given in § 1325(a)(5)(C) or § 521(a)(2). Section 521(a)(2) requires every debtor to file a statement of intent that indicates whether the debtor intends to “surrender or retain” estate property which secured a debt. If the debtor intends to surrender the property, the automatic stay terminates and the creditor is free to pursue the surrendered asset. In a Chapter 7 case, § 727 permits a court . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Here’s What Taxpayers Should Know About Making 2019 Estimated Tax Payments

August 18, 2019

Small business owners, self-employed people, and some wage earners should look into whether they should make estimated tax payments this year. Doing so can help them avoid an unexpected tax bill and possibly a penalty when they file next year. Everyone must pay tax as they earn income. Taxpayers who earn a paycheck usually have their employer withhold tax from...

New Judge

The Academy

July 27, 2025

Mychal A. Bruggeman was sworn in as U.S. Bankruptcy Judge. bvvBruggeman will chamber in St. Paul.

Meet Another New Trustee

January 20, 2019

On October 1, 2018, Dynele L. Schinker-Kuharich was appointed as a Chapter 13 Standing Trustee for the Northern District of Ohio. She maintains her offices in Canton. Ms. Schinker-Kuharich replaces retiring Toby Rosen who served in this position for 30 years. Prior to her appointment as a Standing Chapter 13, Schinker-Kuharich was on the panel of Chapter 7 Trustees for...

Members

From the Editor – Dismissal

August 2, 2020

By The Honorable William Houston Brown (Retired) Undistributed funds returned to debtor upon dismissal. Under § 1327(b)’s vesting requirement, unless a confirmed plan provides otherwise, any undistributed funds held by the trustee at dismissal of the case must be returned to the debtor. Although not necessary to rely on § 347(b)(3), the conclusion on effect of vesting at confirmation was...

Members

In the Greatest Hits Department . . .

The Academy

May 26, 2024

Staff Attorney Jeff Leforce brought us this case back in January of 2022 . . . When is Enough, Enough? Pro Se Dismissed with Extended Prejudice (and Violates Bar)

Members

Tenancy by the Entireties and the § 522(f) Calculation

James M. Davis

February 25, 2024

“Over the years courts have struggled to apply the lien-avoidance provisions under § 522(f) to jointly owned property. . . .Things get even more confusing when the debtor owns property as a tenancy by the entireties. That antiquated form of ownership has odd characteristics that do not fit well into the § 522(f) calculation.”

Members

It’s Not the Trustee… It’s the Code – CORRECTION

Ana V. De Villiers

November 23, 2025

This is a very popular item from last week. HOWEVER, we accidentally reported a typo in the very last section. The correct Code Section is 521 (not 330). This has now been corrected on the website. If you printed this article for future reference, please re-print or make this correction.

Members

Critical Case Comment

January 19, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...

Members

From the Editor – Eligibility

August 9, 2020

By The Honorable William Houston Brown (Retired) Disputed claim included in calculation of eligibility. The debtor’s case was dismissed for exceeding § 109(e)’s unsecured debt limit, when the debtor had signed $1,092,000 mortgage note but the mortgage was never recorded. The lender filed an unsecured claim for $1.7 million, and the Bankruptcy Appellate Panel agreed with the bankruptcy court that...

Members

Unmet Installments Means Dismissal for Pro Se

Henry E. Hildebrand, III

August 18, 2024

Failure of a pro se debtor to pay the third installment of filing fees justifies dismissal of the case; debtor’s failure to submit a brief in compliance with Rule 8014 justifies a 180-day bar on refiling.

Members

ABI Commission on Consumer Bankruptcy – What Does It Mean to Surrender?

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Here’s What Taxpayers Should Know About Making 2019 Estimated Tax Payments

New Judge

Meet Another New Trustee

From the Editor – Dismissal

In the Greatest Hits Department . . .

Tenancy by the Entireties and the § 522(f) Calculation

It’s Not the Trustee… It’s the Code – CORRECTION

Critical Case Comment

From the Editor – Eligibility

Unmet Installments Means Dismissal for Pro Se

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: