I have a ch. 13 case where the debtor has 3 properties. The problem lies in the fact that property number 3 (which debtor wants to surrender) places the debtor $40k over the secured limit. If I classify the debt as unsecured, the debtor then exceeds the unsecured debt limit. The only way I can make this work is if bifurcate the third property into its respective secured and unsecured value. I am concerned the Trustee will argue that the entire amount should be classified as unsecured since the property is going to be surrendered. If I file a motion to value, I am concerned the Judge will assert the same. 109(e) is based on bifurcated (506(a)) debt at the time of filing. Surrender post-petition does not affect anything.
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