• Eleventh Circuit Affirms That a Debtor's Surrender in Bankruptcy Means Just That—You Must Surrender
  • November 25, 2016 | Author: Christine Irwin Parrish
  • Law Firm: Burr & Forman LLP - Orlando Office
  • Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, --- F.3d --- (2016), the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender" his house in bankruptcy pursuant to 11 U.S.C. § 521(a)(2) may not oppose the creditor's foreclosure action in state court. Our firm was one of the first to advance this argument, and many, but not all, of the bankruptcy judges in Florida agreed with our interpretation of surrender under the bankruptcy code and related case law. This opinion from the Eleventh Circuit provides much-needed guidance to bankruptcy judges, trial judges, and debtors regarding the significance of surrender in bankruptcy and its effect on the rights of both the debtor and the creditor.