Relying on the “hanging” paragraph in §1325(a), the Court overruled a creditor's objection to plan confirmation and held that a debtor may surrender collateral in full satisfaction of a claim when the value of the collateral is less than the amount of the claim. The creditor contends that the Court erred in overruling its objection and requested certification to take a direct appeal to the Court of Appeals pursuant to Section 1233. Because the Court's order involved a question of law as to which there is no controlling decision of the United States Court of Appeals for the Fourth Circuit or the Supreme Court of the United States, the Court granted the creditor's motion for certification.
Judge:
Date:
Friday, August 24, 2007
Category:
Appeal
Confirmation of Plan
Chapter:
13