Chapter 13 debtor proposed to surrender her vehicle in full satisfaction of her obligation to secured creditor. Creditor contended that it was entitled to file an unsecured claim for any deficiency that remains after it disposes of the vehicle. The court held that the creditor was not entitled to file an unsecured claim for a deficiency.
Date of decision:
For full opinion click here.
Sunday, December 9, 2007
In re Bivins Case No:06-51778
Posted by Rachel Lynn Foley at 2:12 PM
Labels: 11th Circuit, Chapter 13, deficiency claim, Judge Hershner, surrender in lieu of debt
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