In re Miller

Ruling: 
Confirmation denied where plan proposed paying less than full value of purchase money security interest in "910 vehicle" even after exclusion of negative equity, gap insurance and administrative fees.
Procedural posture: 
Pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), a creditor objected to the debtors' chapter 13 plan on the basis that it failed to pay the full amount of the creditor's secured claim in a vehicle.
Issue: 
ABI Membership is required to access the full summary of In re Miller. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-089