In re Schwaim
Jan
16
2008
Ruling
Inclusion of negative equity, gap insurance and extended warranty premiums in "910" vehicle loan did not defeat purchase money status, preventing strip down.
Procedural posture
The debtors owned two vehicles with each vehicle being financed by a separate creditor. The debtors filed motions to value the secured claims of these two creditors. The issue was whether the creditors were protected by the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
ABI Membership is required to access the full summary of In re Schwaim Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: