In re Ford
May
08
2008
Ruling
Negative equity was included in purchase money security interest in auto due to state law provisions and was not subject to cramdown.
Procedural posture
Chapter 13 debtors submitted a plan, to which the creditor, which financed the debtors' purchase of a pickup truck, objected to the plan under the provisions of the hanging paragraph of 11 U.S.C.S. § 1325(a). The issue was whether the creditor's payoff of the balance on the debtors' trade-in vehicle was included as part of the purchase money security interest acquired by the creditor, and was thus not subject to cramdown under 11 U.S.C.S. § 506.
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Court
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