Legal Opinion
In re Gregory
United States Bankruptcy Court, W.D. Missouri
Decided June 14, 2017No. Case No. 10-50237PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION DENYING WELLS FARGO’S MOTION TO ORDER DEBTOR TO DISMISS STATE COURT ACTION AND TO ENFORCE SWORN PROMISE TO SURRENDER PROPERTY TO WELLS FARGO OR OTHERWISE REAFFIRM OR REDEEM COLLATERAL
Cynthia A. Norton, United States Chief Bankruptcy Judge
The court is asked to consider the meaning of the word “surrender” in § 521(a)(2)(A)1 in an unusual context: where a secured creditor obtains stay relief, fails to timely foreclose, and mistakenly releases its lien, and the debtor who stated she would surrender the real estate attempts to leverage that mistake into a possible windfall. For…
2Cases cited41 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Law v. SiegelSupreme Court of the United States · 2014
- In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
- In Re Warren L. Taylor, Jr., Cathy L. Taylor, Debtors. Warren L. Taylor, Jr., Cathy L. Taylor v. Age Federal Credit UnionCourt of Appeals for the Eleventh Circuit · 1993
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3Cited by2 opinions
- Bank of New York Mellon v. RodriguezAppellate Court of Illinois · 2021
- Risher v. Nationstar Mortgage, LLCDistrict Court, N.D. Illinois · 2018