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In re Barrett

Sep
29
2008
Ruling
Hanging paragraph allows creditor to pursue deficiency upon surrender of 910 vehicle if allowed by parties'contract and state law.
Procedural posture

In a consolidated appeal, appellant creditor appealed two orders of the Bankruptcy Court for the Middle District of Alabama in appellee debtors'chapter 13 case. The issue raised on appeal was whether a Chapter 13 debtor's surrender of a "910 vehicle" fully satisfied a creditor's claim secured by the vehicle and prevented the creditor from filing an unsecured claim for any remaining deficiency.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 29, 2008 , LexisNexis #1008-086
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Nuvell Credit Co. LLC v. Dean (In re Dean)

Aug
07
2008
Ruling
"910 claims" are fully secured claims on which creditor is entitled to payment of interest.
Procedural posture

Appellant creditor directly appealed the Bankruptcy Court for the Middle District of Georgia's order confirming appellee debtors' chapter 13 plan. Central to the appeal was the question of whether a claim that fell within the "hanging paragraph," 11 U.S.C.S. § 1325(a)(*), at the end of 11 U.S.C.S. § 1325(a)(9) was an allowed secured claim entitling the creditor to payment in full, plus post-petition interest.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 07, 2008 , LexisNexis #0808-082
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In re Graupner

Aug
06
2008
Ruling
Negative equity in "910 vehicle" was part of purchase money security interest and could not be modified.
Procedural posture

Plaintiff debtor sought review of an order of the District Court for the Middle District of Georgia affirming a bankruptcy court finding that 11 U.S.C.S. § 506 did not apply to modify the amount of the secured obligation to defendant debtor for a personal use vehicle acquired within 910 days of the debtor's filing a Chapter 13 bankruptcy case and having negative equity pursuant to 11 U.S.C.S. § 1325(a)(5).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 06, 2008 , LexisNexis #0808-083
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