Eleventh Circuit Adopts the Path of Leased Resistance in Chapter 13

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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