IN RE CHUBB

Nos. 04-21945, 04-22357.

351 B.R. 478 (2004)

In re Ralph Eugene CHUBB and Roberta Fitts Chubb, Debtors. In re Harold S. Davis, Jr. and Terri Ann Davis, Debtors.

United States Bankruptcy Court, E.D. Tennessee.

September 9, 2004.


Attorney(s) appearing for the Case

Alan C. Lee, Morristown, TN, for Ralph and Roberta Chubbs and Harold and Terri Davis.

O. Taylor Pickard, Wilson, Worley & Gamble, P.C., Kingsport, TN, for Eastman Credit Union.


MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

MEMORANDUM

These two chapter 7 cases present an issue that has been considered by numerous courts, including at least nine circuit courts of appeal: whether a debtor who is current on his secured debt can retain the collateral of a secured creditor simply by continuing to make contractual payments on the debt. Because this court concludes that 11 U.S.C. § 521(2) interpreted in light of the Sixth Circuit...

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