- 11 U.S.C.
In re Cross
Sep
27
2007
Ruling
Claim secured by "910" vehicle used interchangeably by debtor and non-debtor spouse could not be bifurcated.
Procedural posture
Creditor filed an objection to confirmation of the debtor's chapter 13 plan, arguing that the plan's proposed treatment of its secured claim violated the requirements imposed by the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9). The issue was whether the debtor's vehicle, which was purchased within 910 days of filing, was "a motor vehicle acquired for the personal use of the debtor" for purposes of the hanging paragraph.
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Court
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