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In re Montgomery

In re Montgomery

Ruling
Objection to confirmation was sustained since the "hanging paragraph"after section 1325(a)(9) prohibited bifurcation under section 506(a)(1) of the secured claim of a purchase-money moter vehicle creditor even where creditor failed to timely object.
Procedural posture

Respondent secured creditor objected to confirmation of petitioner debtors'proposed chapter 13 plan.

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opinion summary, case decided on May 17, 2006 , LexisNexis #0606-007