- 11 U.S.C.
In re Haskins
Mar
25
2010
Ruling
Debtors allowed to "cram down" secured claim in 910 vehicle which debtor used primarily for business.
Procedural posture
The chapter 13 debtors filed a motion proposed to limit the amount of the allowed claim of respondent creditor holding a secured lien against one of their motor vehicles to the value of the collateral securing the claim, as allowed under 11 U.S.C.S. §§ 506, 1322(b), and 1325(a)(5). The creditor objected to that "cram down" treatment, asserting it was contrary to the dictates of the hanging paragraph following 11 U.S.C.S. § 1325(a)(9).
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Court
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