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In re Bolze

In re Bolze

Ruling
Debt secured by automobile acquired within 910 days of filing was not subject to bifurcation.
Procedural posture

Plaintiff debtors filed a proposed chapter 13 bankruptcy plan. A secured creditor, a creditor union, objected to the plan. Debtor one had borrowed money from the creditor to purchase a car, which was titled in both debtors'names. The creditor held a perfected purchase money security interest in the vehicle. In their plan, the debtors proposed to cram down the creditor's claim, treating only a portion of it as a secured claim.

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opinion summary, case decided on August 31, 2006 , LexisNexis #1006-082