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In re Johnson

In re Johnson

Ruling
Debtors could not strip down in a chapter 13 plan a secured creditor's purchase money security loans on vehicles purchased for the debtors'personal use within 910 days of filing.
Procedural posture

Creditor filed an objection to confirmation of the debtors'proposed chapter 13 plan regarding treatment of its secured claim in the debtors'vehicle. The creditor argued that the vehicle debt could not be crammed down under the terms of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

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opinion summary, case decided on February 02, 2006 , LexisNexis #0306-075