IN RE BURR

No. 98-9007.

160 F.3d 843 (1998)

In re James E. BURR and Katherine A. Burr, Debtors. BANK OF BOSTON, Appellant, v. James E. BURR and Katherine A. Burr, Appellees.

United States Court of Appeals, First Circuit.

Decided November 25, 1998.


Attorney(s) appearing for the Case

Matthew J. McGowan with whom Salter McGowan Swartz & Sylvia was on brief for appellants.

Joel F. Soforenko for appellees.

John Rao on brief for National Consumer Law Center, Inc., amicus curiae.

Before STAHL, Circuit Judge, LIPEZ, Circuit Judge, and REAVLEY, Senior Circuit Judge.


STAHL, Circuit Judge.

This appeal presents a question of statutory interpretation that has divided the circuits: under 11 U.S.C. § 521(2), must debtors in chapter 7 proceedings simply state whether they intend to retain or surrender property of the estate that is collateral for a consumer debt, or (if they intend to retain the property) must they also elect and perform one of three retention options specified in the statute? The bankruptcy court held that chapter...

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