ABI Journal

Inside ABI September 2025

Legislative Highlights September 2025

Spotlighting Bankruptcy Legislation in the 119th Congress

Benchnotes September 2025

ELEVENTH CIRCUIT HOLDS THAT ACEVEDO DOES NOT PRECLUDE ANNULLING THE AUTOMATIC STAY

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.