Americredit Fin. Servs. v. Lanier (In re Lanier)
Jun
29
2007
Ruling
Proposed plan modification for surrender of vehicle in full satisfaction of debt pursuant to hanging paragraph did not violate Fifth Amendment.
Procedural posture
Objectant, a secured creditor, opposed debtor's motion to modify a confirmed chapter 13 plan to permit him to surrender a vehicle securing the claim as an alternative to obtaining the creditor's approval of the modification or to paying the claim through the plan. At issue was whether such a modification deprived the creditor of a property right without just compensation in violation of the Fifth Amendment of the United States Constitution.
ABI Membership is required to access the full summary of Americredit Fin. Servs. v. Lanier (In re Lanier) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: