In re Garner
Jan
06
2009
Ruling
Absence of objection from creditor was not grounds to allow bifurcation of claim secured by "910 vehicle."
Procedural posture
The chapter 13 debtors requested confirmation of their amended plan. The chapter 13 trustee filed an objection to confirmation on the ground that its proposed treatment of the secured claim of an auto financing creditor violated 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
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Court
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