Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: surrender

Seventh Circuit Follows Minority Position – Hanging Paragraph Of §1325 Allows Creditor A Deficiency Claim After Surrender of Collateral

In a case that was a direct appeal to the Seventh Circuit Court of Appeals, pursuant to 28 U.S.C. §158(d)(2)(A), the Court held that the "hanging paragraph" of 11 U.S.C. §1325 left lenders with a deficiency claim after surrender of the "910 vehicle."   The Court rejects the majority (?) view that Congress "accidentally gave debtors… Continue Reading

Seventh Circuit Follows Minority Position – Hanging Paragraph Of §1325 Allows Creditor A Deficiency Claim After Surrender of Collateral

In a case that was a direct appeal to the Seventh Circuit Court of Appeals, pursuant to 28 U.S.C. §158(d)(2)(A), the Court held that the "hanging paragraph" of 11 U.S.C. §1325 left lenders with a deficiency claim after surrender of the "910 vehicle."   The Court rejects the majority (?) view that Congress "accidentally gave debtors… Continue Reading