In re Elkouby

N/A

OUTCOME: Homeowner can defend a foreclosure brought by the mortgage creditor despite the homeowner stating they intend to surrender the property in their chapter 7 bankruptcy.

The U.S. Bankruptcy Court for the Southern District of Florida denied a creditor’s motion to compel the debtor to surrender mortgaged property holding that a chapter 7 debtor who indicates surrender o ... f real property in his statement of intention is not obligated to surrender that property to the mortgage company.