The district court for the Eastern District of North Carolina was asked to revisit its previous decision that a Chapter 7 debtor may take secured payment deductions on property he intends to surrender. Krawczyk v. Lynch (In re Krawczyk), No. 12-643 (E.D. N.C. June 17, 2013). The bankruptcy court had concluded that intervening Supreme Court and Fourth Circuit decisions rendered that finding incorrect. In re Krawczyk, No. 11-0956-8-JRL, 2012 WL 3069437 * 5 (Bankr. E.D. N.C. July 27, 2012) (relying on Hamilton v. Lanning, 130 S. Ct. 2464 (2010); Ransom v. FIA Card Services, 131 S.Ct. 716, 178 L.Ed.2d 603 (2011); In re Quigley, 673 F.3d 269 (4th Cir. 2012)). The district court agreed that the debtor could not take the deductions and that, therefore, the petition was presumptively abusive under section 707(b)(2)(A). [Read more…] about Court Erroneously Applies Lanning to Find Presumption of Abuse in Chapter 7
In re Barrett, No. 07-14796 (11th Cir.)
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.)
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.)
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.)
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.)
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.)
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.)
Type: Amicus
Date: January 17, 2007
Description: Whether debtor may surrender a 910 car in full satisfaction of creditor’s claim.
Result: Debtor lost.
In re Meadows, No. 07-1968 (4th Cir.)
Type: Amicus
Date: January 25, 2008
Description: Whether debtor may surrender 910 car in full satisfaction of creditor’s claim.
Result: Vacated. Debtor lost.