Green Tree Financial Servicing Corp. v. Theobald (In Re Theobald)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• choosing surrender option does not alter nonbankruptcy law to require the debtor to deliver title of real property to lienholder
• stating that “[s]ection 521(2) [now § 521(a)(2)] does not affect nor create substantive rights because § 521(2)(C)[now part of § 521(a)(2) ] provides that subparagraphs (A) and (B) do not alter a debtor’s or a trustee’s rights with regard to the property”
• discussing a debtor’s “surrender” of encumbered property under Code § 521(a)(2); holding that “§ 521(2) [renumbered by the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005” as 11 U.S.C. § 521(a)(2
• discussing a debtor’s duty under § 521 to surrender property to the trustee, noting that “the statute does not require a debtor to transfer title by executing and delivering a deed in order to effectuate surrender.”
• the statutory provision regarding surrender is not a mechanism for the creditor to avoid its obligations under state law for proceeding against collateral
• surrender option does not alter non-bankruptcy law to require a debtor to deliver her title to real property to lienholder

Source: CourtListener parenthetical corpus (CC0).