- 11 U.S.C.
In re Montoya
Apr
10
2006
Ruling
Chapter 13 plan was not confirmed since the debtor was not allowed to use section 506 to cram down a vehicle purchased within 910 days of filing.
Procedural posture
Debtor proposed a chapter 13 plan in which she sought to pay for a vehicle that she purchased within 910 days of filing her petition by bifurcating the secured claim under 11 U.S.C. § 506(a)(1), paying the secured value of the car in full, and paying only a small percentage of the unsecured balance. The secured creditor had neither filed a claim nor a brief.
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Court
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