BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

In the BAPCPA amendments in 2005, Congress may have intended to bar debtors from allowing mortgages to “ride through” bankruptcy, but the statute won’t help a lender in all circumstances, according to Bankruptcy Judge Mark X. Mullin of Fort Worth, Texas. In his March 8 opinion, Judge Mullin said there was no statutory authority enabling the court to compel a debtor to turn over mortgaged property to the lender or to withhold entry of discharge until the debtor fulfills his or her stated intention of surrendering the property.

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