The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property

Consider if you will that your client has just filed a Chapter 13 Bankruptcy. They have intelligently chosen to surrender a luxury item - a boat or 4-wheeler or even that extra vehicle they don’t need.

Because the creditor would like to preserve the value of the collateral by obtaining possession quickly, they file a Motion for Relief shortly after the case is filed.

You hardly take notice of the motion because once you glance at the Motion for Relief and realize it is for collateral your client has already surrendered, you no longer . . .

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Senior Bankruptcy Counsel, Sottile & Barile Attorneys at Law (Loveland, OH)

Molly Simons has been a licensed attorney since 2008 after graduating from Cleveland-Marshall College of Law, Cleveland State University. With an undergraduate degree in Hospitality Food Service Management from Kent State University, Molly is a unique attorney as she approaches the practice of law with a hospitality background. Client’s satisfaction is of the utmost importance to her. Molly’s primary focus for the first ten years of her practice was consumer Chapter 13 and Chapter 7 Bankruptcy. She joined Sottile & Barile, Attorneys at Law in 2018 and has happily represented creditors in the bankruptcy process ever since.

Molly is licensed in the States of Ohio, Kentucky, and West Virginia and is admitted federally in all federal jurisdictions for Ohio, Kentucky, Indiana, Michigan, Illinois, West Virginia, Colorado and Wisconsin. She is currently the Co-Chair of the Bankruptcy Committee with the Cincinnati Bar Association and was recently accepted to the Attorney Advisory Committee for the Southern District of Ohio 2022-2025 Term.

Perhaps her most important role is that of Mother to her two beautiful children who never fail to keep her super busy and proud.

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