Santander Consumer USA Inc. v. Brown

Santander appealed the district court's affirmance of the bankruptcy court's order overruling Santander's objection to the confirmation of debtor's plan under Chapter 13. The bankruptcy court proposed that petitioner surrender his vehicle under 11 U.S.C. 1325(a)(5)(C) to satisfy Santander's claim. The bankruptcy court held that 11 U.S.C. 506(a)(1) and (a)(2) determined the vehicle's value and hence the amount of Santander's secured claim, which would be satisfied by debtor's surrender of the vehicle. The court held that section 506(a)(2)'s valuation standard applied when a Chapter 13 debtor surrendered his vehicle under section 1325(a)(5)(C). Accordingly, the court affirmed the district court's order affirming the bankruptcy court's judgment. View "Santander Consumer USA Inc. v. Brown" on Justia Law