Surrender in Bankruptcy

By Sabrina L. McKinney, Senior Staff Attorney for Chapter 13 Trustee Cleve Reding, Montgomery, AL

Per Merriam –Webster.com ‘surrender’ is a verb and means (1) to agree to stop fighting, hiding, resisting, etc., because you know that you will not win or succeed; (2) to give the control or use of (something) to someone else; (3) to allow something (such as a habit or desire) to influence or control you.

But, as we well know, the understood meaning of a word is often very different . . .

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United Student Aid Funds, Inc. v. Espinosa Ten Years After

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By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division When the Supreme Court issued United Student Aid Funds, Inc. v. Espinosa1 on March 23, 2010, commentators were perplexed.2 On the one hand, the Court upheld the 9th Circuit’s ruling allowing a hardship discharge of student loans in a chapter 13 plan. The Court held that...

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Tiaon Michele Lynch

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Herbert L. Beskin

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