CASES IN REVIEW
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Cases in Review
June, 2016
“Cases in Review” highlights recent cases that may be of particular
interest to consumer bankruptcy practitioners. It is brought to you by
Consumer Bankruptcy Abstracts & Research (www.cbar.pro) and
the National Consumer Bankruptcy Rights Center (www.ncbrc.org).
Chapter 7—Reaffirmation of debt: The Chapter 7 debtor's secured motor vehicle
creditor violated the discharge injunction by repossessing the debtor's vehicle after
she had done everything in her capacity to reaffirm the debt and was current on all
her contractual obligations to the creditor; the debtor entered into an agreement to
reaffirm the debt but the creditor prevented her from bringing the agreement before
the court for approval. In re Nuckoles, 546 B.R. 651 (Bankr. W.D. Va. March 9, 2016)
(case no. 5:15-bk-50904).
Chapter 7—Surrender of collateral for secured debt: The Bankruptcy Code
contains no provision authorizing the court to order a Chapter 7 debtor to physically
surrender the collateral for a secured debt to the creditor. In re Foster, 2