Can Debtors Have Their Cake and Eat It Too Under § 521

Level: Advanced
Runtime: 87 minutes
Recorded Date: July 28, 2017
Click here to share this program
Download PDF


11:00 am - 12:30 pm
  • What's in Sec. 521(a)(2)?
  • Framing the issue of Failla (11th Cir. 1993)
  • Taylor Takeaways
  • Focusing on Failla
  • Post-Failla 11th Circuit Decision
  • In re Ryan - a contrary holding
  • Failla and its relation to HOA's
  • Limits of Creditor Action/Inaction
  • Debtor Remedies
  • Best Practices
Runtime: 1 hour and 27 minutes
Recorded: July 28, 2017


This session discusses to whom a debtor surrenders his residence, and whether a surrender prohibits the debtor from opposing a state court foreclosure action. The recent case of In re Failia (11th Cir.) sheds light on these questions.

This program was recorded on July 28th, 2017.

Provided By

American Bankruptcy Institute


Daniel E. Melchi

Lueder, Larkin & Hunter LLC

Dan Melchi is a Partner at Lueder, Larkin & Hunter, LLC in Alpharetta, GA., and is the lead attorney for the firm's Bankruptcy Division.

Prior to joining the firm, Dan was an Assistant Solicitor General in the Fulton County Solicitor General’s Office where he gained valuable trial experience. On January 9, 2018, Daniel Melchi was appointed to a seat on the Bench and Bar Committee for United States Bankruptcy Court for the Northern District of Georgia as an attorney representative. The Bench and Bar Committee serves to collaborate between the District’s judges, attorneys, and the Clerk of the Court to recommend procedures, propose and give guidance for Local Rules and General Orders, and help to ensure an efficient and professional court system. Dan’s primary areas of practice are bankruptcy, community association law, insurance defense, litigation, and collections.

He received a B.A. in 2001 in political science and a B.A. in communications/advertising, and his J.D. in 2004 from Georgia State University College of Law, during which time he interned for Congressman John Lewis and participated in an externship with the Office of the Fulton County Solicitor General.

Hon. Edward J. Coleman III

Chief U.S. Bankruptcy Judge
U.S. Bankruptcy Court Southern District of Georgia

Hon. Edward J. Coleman, III is a U.S. Bankruptcy Court Judge in the Southern District of Georgia in Savannah.

Prior to his appointment, he was in private practice in Augusta, Ga., for 31 years with the firm of Surrett & Coleman, P.A., where he concentrated his practice in domestic relations, insurance defense, criminal defense and bankruptcy, with an emphasis on creditor and trustee representation. He also served as a chapter 7 panel trustee in the Southern District of Georgia from 1994-13. is admitted to practice in Georgia and before the U.S. District Court for the Southern and Middle Districts of Georgia, the U.S. Court of Appeals for the Eleventh Circuit and the U.S. Supreme Court. Judge Coleman served on the Executive Committee of the Family Law Section of the State Bar of Georgia from 2003-10 and chaired that Section from 2008-09. He also was active in the Augusta Bar Association, serving as its president in 2013.

Judge Coleman received his B.B.A. in 1979 from Emory University, where he majored in accounting, and his J.D. in 1982 from the University of Georgia, where he served as a member of the Moot Court Executive Board.

Brian R. Anderson

Nexsen Pruet, PLLC

Brian R. Anderson is a Board Certified Specialist in Business Bankruptcy law, focusing his law practice in the areas of bankruptcy, creditors' rights, and commercial litigation. He has represented banking and financial institutions, contractors, secured and unsecured creditors, and guarantors before state and federal courts and has delivered counsel on a wide range of matters, including complex Chapter 11 cases, avoidance actions, and adversary proceedings.

Prior to private practice, Brian clerked for the Honorable Thomas W. Waldrep, Jr. of the United States Bankruptcy Court, Middle District of North Carolina.

Brian earned a Bachelor of Science in Business Administration from the University of North Carolina at Chapel Hill and obtained his Juris Doctor, cum laude, from American University Washington College of Law. During law school, he interned at the United States Department of Justice, the Internal Revenue Service, and the United States Small Business Administration.

Similar Courses

Card image cap
77 minutes
§ 363 Sale Issues
Dive into Section 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between Sections 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.

American Bankruptcy Institute


Add to Cart
Card image cap
77 minutes
A Catch-22: Dilemmas for Landlords in the Era of COVID-19
This panel will explore the myriad legal conundrums landlords have been facing in bankruptcy cases across the country since the COVID-19 pandemic took hold. Discussion points will include landlord rights to assumption/rejection and timing, the ability of debtors to defer rent payments to landlords for lengthy periods of time, and the impact of force majeure clauses in these disputes.

American Bankruptcy Institute


Add to Cart
Card image cap
63 minutes
A Collision of Complex Laws: The Interplay Between and Among State and Federal Regulatory Laws in Health Care Cases
This program will probe how state, federal and local laws affect health care bankruptcy cases. The program will address such regulatory schemes as ERISA, state and federal labor laws (with a focus on union issues), state local health care laws, and requisite approval processes for the sale of health care assets and state and local laws concerning reimbursement programs and other aid for the benefit of health care institutions. The program will feature speakers with experience in state, federal and local regulatory laws along with health care insolvency professionals.

American Bankruptcy Institute


Add to Cart
Card image cap
77 minutes
A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them
This panel will explore four challenging chapter 11 plan confirmation issues and potential ways to resolve them.

American Bankruptcy Institute


Add to Cart
Previous Next