Critical Case Comment

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

Santander Consumer USA, Inc. v. Brown, 2014 WL 1245266 (11th Cir. March 27, 2014) (Bucklew)

“Replacement value” standard of § 506(a)(2) applies when a Chapter 13 debtor surrenders a vehicle under § 1325(a)(5)(C).

Case Summary

In July of 2007, Phillip Brown purchased a 37-foot 2006 Keystone Challenger recreational vehicle. In July of 2012, when Brown filed a Chapter 13 petition, the debt was held by Santander. Santander filed a secured claim, asserting that the amount outstanding on the debt was . . .

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