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judge summerhays

In re Joseph

Ruling
Vehicle used for commuting but not for work related duties was for personal use so that debtors could not invoke hanging paragraph.
Procedural posture

The debtors filed for relief under chapter 13. The creditor filed a claim based on a financing agreement made for the debtor's car. The creditor claimed that the car was acquired for personal use pursuant to 11 U.S.C. § 1325(a) and that the value of the creditor's claim could not be reduced to the value of the vehicle. The debtors objected to the creditor's claim.

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opinion summary, case decided on March 20, 2007 , LexisNexis #0507-085