Santander objected to confirmation of a plan in In re Ware, No. 15BK03414, 2015 WL 4389688 (Bankr. N.D. Ill. July 17, 2015). In this case the vehicle securing the debt to Santander had been stolen about six months after purchase, and about 2 1/2 years prior to the filing of the bankruptcy. A police report was filed, and Santander notified, but for reasons not disclosed to the court, the insurance claim was denied. Santander did not make any collection efforts against the debtor after the theft. The Debtor filed a chapter 13 bankruptcy case providing for surrender of the vehicle to Santander. Santander objected, asserting that §1325(a)(5)(C) requires the debtor to physically deliver the collateral to the creditor. The Court looked to the plain meaning of the words, examining the Oxford English Dictionary's definition of surrender to “The giving up by a bankrupt of his property to his creditors or their assignees; also, his due appearance in the bankruptcy court for examination, as formerly required by the bankruptcy acts.” Oxford English Dictionary (online version, November 2010), http://www.oed.com
(last visited July 17, 2015). Id. Property, in turn, is defined expansively to include rights not subject to immediate enjoyment. Hence, surrendering of property can be accomplished by surrendering rights alone. Other sources agree with this conclusion.