Ob. Pollak, REAFFIRMATION AND RETENTION IN BANKRUPTCY - CONFLICT IN THE CIRCUITS OVER PROTECTING THE SECURED CREDITOR, The Banking law journal, 111(3), 1994, pp. 302-308
The author surveys the conflict among four circuit Courts of Appeals o
ver whether a chapter 7 debtor must, under Bankruptcy Code Section 521
(2)(A), reaffirm secured dent, or if payments are current, merely opt
to retain the property, continue payments, and discharge personal liab
ility. The author contends that the issue is ripe for Supreme Court in
terpretation.