THE 11th CIRCUIT RULES THAT A DEBTOR WHO ELECTS TO SURRENDER REAL PROPERTY IN BANKRUPTCY CANNOT CONTEST A FORECLOSURE IN STATE COURT
GibbLaw2017-02-01T13:19:52-05:00In the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016), the 11th Circuit Court of Appeals resolved a split among the Bankruptcy Courts as to what “surrender” means within the context of Section 521(a)(2) of the Bankruptcy Code, by ruling that a Debtor who elects to “surrender” real property cannot oppose a [...]
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