- 11 U.S.C.
Capital One Auto Fin. v. Bivins (In re Bivins)
Feb
23
2007
Ruling
Secured creditor could not claim deficiency where debtor surrendered vehicle in full satisfaction of claim.
Procedural posture
Respondent debtor petitioned for relief under chapter 13 and filed a plan for confirmation. Movant creditor, who had provided financing for the debtor's car, objected to the confirmation when the debtor proposed returning the car for satisfaction of the debtor's claim.
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Court
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