Posted: January 31, 2008.
As circuit courts around the country consider the issue of whether a debtor may surrender a 910-car in satisfaction of a creditor's "allowed secured claim", NACBA has weighed in with twin briefs filed in the 4th Circuit Court of Appeals and the 11th Circuit Court of Appeals. The briefs lay out the claims process in bankruptcy, discuss the effect of the hanging paragraph, and argue that debtors should be able to surrender 910-cars in full satisfaction of creditors’ “allowed secured claims.” The two cases are In re Meadows, No. 07- 1968 (4th Cir.) and In re Barrett, No. 07-14796 (11th Cir.).