Summary
granting creditor's motion to compel debtor to file Statement of Intention
Summary of this case from Padilla v. PNC Bank, N.A.Opinion
BK No. 02-13184.
June 14, 2004
ORDER ON REMAND
In its Order reversing our June 19, 2003 Decision and Order, the United States District Court for the District of Rhode Island stated:
given the clear direction from the Court of Appeals on this issue, this Court concludes that the bankruptcy court erred when it denied Coastway the relief it sought, i.e., an order compelling the debtor to make her election of one of the options under Section 521(2)(A) and an order that she perform the elected option."
In accordance with said instructions, our June 19, 2003 Order is vacated and Coastway Credit Union's motion for an order compelling the Debtor to elect one of the options under Section 521(2)(A) is GRANTED. In addition, the Debtor is ORDERED to:
(1) file a Statement of Intention pursuant to 11 U.S.C. § 521(2) within 5 days from the date of this Order, indicating that she will: (a) reaffirm the debt to Coastway; (b) redeem the collateral securing the Coastway debt; or (c) surrender the collateral to Coastway; and
(2) perform her stated intention within seven days.