Type: Amicus
Date: February 16, 2017
Description: Whether debtor who surrendered house in bankruptcy may oppose state court foreclosure action post-discharge.
Result: Pending
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CIT Bank v. Ryan, No. 16-1391(B.A.P. 9th Cir.)
Posted by NCBRC - February 21st, 2017
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In re Sagendorph, No. 15-40117 (D. Mass.)
Posted by NCBRC - March 3rd, 2016
Type: Amicus
Date: February 17, 2016
Description: Whether a chapter 13 debtor may employ the option of providing for vesting of property in the creditor whose debt is secured by that property.
Result: Reversed and remanded, January 23, 2017 -
In re Sagendorph, No. 14-41675 (Bankr. D. Mass.)
Posted by NCBRC - June 29th, 2015
Type: Amicus
Date: March 23, 2015
Description: Whether Chapter 13 plan can include provision vesting title to surrendered property in secured creditor.
Result: Plan confirmed, June 22, 2015
Sagendorph Bankr Mass opinion -
In re Barrett, No. 07-14796 (11th Cir.)
Posted by NCBRC - September 4th, 2011
Type: Amicus
Date: January 25, 2008
Description: Whether debtor may surrender 910 car in full satisfaction of creditor’s claim.
Result: Debtor lost.
Brief -
In re Wright, No. 07-1483 (7th Cir.)
Posted by NCBRC - September 3rd, 2011
Type: Amicus
Date: May 1, 2007
Description: Whether debtor may surrender 910 vehicle in full satisfaction of creditor’s claim.
Result: Debtor lost. 2007 WL 1892592 (7th Cir. July 3, 2007)
Wright 7th Cir. opinion -
In re Gentry, No. 06-50204 (Bankr. E.D. Tenn.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: June 30, 2006
Description: Whether debtor may surrender a 910 vehicle in full satisfaction of creditor’s claim.
Result: Debtor won. -
In re Ezell, No. 05-38219 (Bankr. E.D. Tenn.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: March 13, 2006
Description: Whether debtor may surrender 910 car in full satisfaction of creditor’s claim.
Result: Debtor won. 338 B.R. 330 (Bankr. E.D. Tenn. 2006), Reversed by E.D. Tenn. (Aug. 12, 2008)
Ezell Bankr. ED Tenn opinion -
In re Long, No. 06-6252 (6th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: March 10, 2007
Description: Whether debtor may surrender 910 car in full satisfaction of creditor’s claim.
Result: Reversed. -
In re Miller, No. 08-30601 (5th Cir.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: October 23, 2008
Description: Whether debtor may surrender 910 car in full satisfaction of claim.
Result: Reversed. Debtor lost. -
In re White, No. 06-31611 (Bankr. W.D. N.C.)
Posted by NCBRC - September 2nd, 2011
Type: Amicus
Date: January 17, 2007
Description: Whether debtor may surrender a 910 car in full satisfaction of creditor’s claim.
Result: Debtor lost.
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