United States Fourth Circuit

Reversal of bankruptcy court's order granting debtors' bankruptcy petition and confirming their plan of reorganization under Chapter 13 is affirmed as the debtors' proposal to surrender personal property that the IRS cannot levy on and cannot otherwise collect without resort to litigation does not constitute a "surrender" under 11 U.S.C. section 1325(a)(5)(C).

Appellate Information

• Decided 04/23/2007
• Published 04/23/2007

Judges

• Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph A. Bledsoe, III, Raleigh, North Carolina, for Appellants.  Karen Grace Gregory, United States Department of Justice, Tax Division, Washington, DC, for Appellee.   ON BRIEF:  John T. Orcutt, Raleigh, North Carolina, for Appellants.  George E.B. Holding, United States Attorney, Office of the United States Attorney, Raleigh, North Carolina;  Eileen J. O'Connor, Assistant Attorney General, Robert W. Metzler, United States Department of Justice, Tax Division, Washington, DC, for Appellee.