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Bankruptcy by Keyword:

"Deficiency Judgment"

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Case Law Topics

  • Secured Debt: 910 Car Loans > does surrender of undersecured property = satisfaction in full of debt?

    The issues argued in these cases are whether the hanging paragraph allows a debtor to surrender a 910 vehicle in full satisfaction of his debt. If not, then, "the remaining debt must be treated as an unsecured claim in the Chapter 13 plan. Although the debt "need not be paid in full, any more than [the debtors] other unsecured debts, [] it [cannot] be written off in toto while other unsecured creditors are paid some fraction of their entitlements." In re Miller


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