Rochelle Daily Wire
Daily bankruptcy case analyses and commentary
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Partial Surrender of Personal Property Secured by a Cross-Collateralized Loan Under § 1325(a)(5)
Section 1325(a)(5) provides that a debtor must demonstrate one of three things as to each allowed secured claim. First, the holder of the secured claim must accept the plan. Second, the debtor surrenders the property securing the claim. Third, the debtor invokes the so-called “cram down” power. There is tension under 11 U.S.C. § 1325(a)(5) when a chapter 13 plan proposes to retain certain collateral and surrender other collateral in cross-collateralized loans.
Appealing Options: Strategic Considerations in Bankruptcy Appeals
The road to a successful bankruptcy appeal is riddled with potential pitfalls. Savvy practitioners, however, can both avoid such obstacles and use them to their advantage. This article breaks down four key issues practitioners could encounter when appealing a bankruptcy court’s order, as well as some tips on how to use them to a client's benefit.