Bankr WD Mo. Rejects 11th Circuit’s Meaning of “Surrender” in §521(a)(2) in Denying Wells Fargo’s Motion to Compel Debtor to Surrender Home – NACBA

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On October 4, 2016, the Eleventh Circuit Court of Appeals ruled that chapter 7 debtors who file a statement of intention to surrender real property in bankruptcy cannot later contest a foreclosure action, and bankruptcy courts have broad power and authority to sanction violations. Failla v.

A reminder to servicers on the importance of observing bankruptcy deadlines came from In re Wells, 536 B.R. 264 (Bankr. E.D. Ark. Aug. 2015). In Wells, the mortgagee had completed a foreclosure sale on the property prior to the filing of the debtor’s Chapter 13 petition. Notwithstanding the completion of the sale, the debtor scheduled.

Bankr WD Mo. Rejects 11th Circuit’s Meaning of "Surrender" in 521(a)(2) in Denying Wells Fargo’s Motion to Compel Debtor to Surrender Home – NACBA categories mortgage lender locations

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Nacba.org: Bankr WD Mo. Rejects 11th Circuit’s Meaning of "Surrender" in 521(a)(2) in Denying Wells Fargo’s Motion to Compel Debtor to Surrender Home The court is asked to consider the meaning of the word "surrender" in 521(a)(2)(A) in an unusual context: where a secured creditor obtains stay relief, fails to timely foreclose.