Legal Opinion
In Re Chubb
United States Bankruptcy Court, E.D. Tennessee
Decided September 9, 2004No. 04-21945, 04-22357PublishedCited by 2 opinions
1Opinion of the Court
MARCIA PHILLIPS PARSONS, Bankruptcy Judge.
MEMORANDUM
These two chapter 7 cases present an issue that has been considered by numerous courts, including at least nine circuit courts of appeal: whether a debtor who is current on his secured debt can retain the collateral of a secured creditor simply by continuing to make contractual payments on the debt. Because this court concludes that 11 U.S.C. § 521(2) interpreted in light of the Sixth Circuit Court of Appeals’ decision in General Motors Acceptance Corp. v. Bell (In re Bell), 700 F.2d 1053 (6th Cir.1983), does not permit this result, the…
2Cases cited21 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
- In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
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3Cited by2 opinions
- Habersham Bank v. Harris (In Re Harris)United States Bankruptcy Court, S.D. Georgia · 2010
- In re CovelUnited States Bankruptcy Court, W.D. Arkansas · 2012