In re Whipple
Sep
21
2009
Ruling
Claim including negative equity secured by "910 vehicle" could not be bifurcated.
Procedural posture
Debtors filed a plan that proposed to strip down the claim of the creditor that was secured by a motor vehicle. The creditor objected to confirmation, arguing that its purchase money security interest claim, held for less than 910 days, was exempt from strip-down by operation of the hanging paragraph of 11 U.S.C.S. § 1325(a), so that the amount of its secured claim was the petition date balance rather than the fair market value.
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Court
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