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In re Heglar

In re Heglar

Ruling
Hanging paragraph precluded bifurcation of claim secured by "910 vehicle."
Procedural posture

Bankruptcy debtors' plan of reorganization proposed to bifurcate the claim of a creditor secured by the debtors' vehicle into secured and unsecured amounts, and to pay the creditor only the secured amount. The creditor objected to confirmation of the debtors' plan on the ground that bifurcation was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).

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Consumer opinion summary, case decided on August 31, 2009 , LexisNexis #1009-031