In re Adams
Mar
01
2007
Ruling
Vehicle purchased primarily for use of non-debtor spouse was not subject to anti-bifurcation provisions of "hanging paragraph."
Procedural posture
The debtor moved for confirmation of his proposed chapter 13 plan. The creditor, which held a security interest in the debtor's vehicle which the debtor purchased within 910 days of the date that he filed for bankruptcy relief, filed an objection. The creditor objected to the plan's bifurcation of its claim. The issue concerned the interpretation of the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
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Court
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