Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

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By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)

The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that may have far-reaching procedural implications for debtors and trustees in Chapter 13 cases. In Microf LLC v. Cumbess, the court articulated multiple canons of statutory interpretation in holding that a chapter 13 debtor’s proposal to assume an unexpired lease of personal property in a chapter 13 plan – without a corresponding assumption by the chapter 13 trustee . . .

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