In re Quevedo
Jun
15
2006
Ruling
Creditor's objection to having only secured portion of claim paid was overruled since section 1325(a)'s hanging paragraph only protected purchase money security interests.
Procedural posture
Creditor had a non-purchase money lien on debtor's vehicle. Debtor's chapter 13 plan proposed to pay the secured portion of the creditor's claim in full. The unsecured portion would not be paid. The creditor objected. The issue before the court was one of first impression: whether the creditor's non-purchase money secured claim should be classified as a fully secured claim under the "hanging paragraph"in amended 11 U.S.C. § 1325(a)
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Court
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