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Scrivner v. Mashburn (In re Scrivner)

Appellants, debtors who disclosed in their petition but did not claim as exempt an interest in television program revenues, appealed the judgment of the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit (BAP), affirming a bankruptcy court's authorization post-discharge of a surcharge for post-petition distributions of the revenues, and the BAP's refusal to decide whether the debtors' distributions were exempt.
Ruling: 
Bankruptcy court did not have authority to approve surcharge for postpetition distribution of television revenues.
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Consumer case opionion summary, case decided on August 08,2008, LexisNexis #0908-018

Wachovia Dealer Servs. v. Jones (In re Jones)

Appellants, creditors in five chapter 13 bankruptcy proceedings, sought review of the U.S. Bankruptcy Panel of the Tenth Circuit's confirmation of appellee debtors' reorganization plans. All five cases involved 910 car loans. The creditors objected to the plans, arguing that they were entitled to postpetition interest on their claims under 11 U.S.C.S. § 1325(a)(5)(B)(ii). The federal bankruptcy court overruled the creditors' objections.
Ruling: 
"910 vehicle" loans are allowed secured claims which may accrue postpetition interest.
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Consumer case opionion summary, case decided on July 07,2008, LexisNexis #0908-057

DaimlerChrysler Fin. Servs. Americas LLC v. Ballard (In re Ballard

Appellant company objected to the confirmation of appellees, debtors', plans in two chapter 13 bankruptcy proceedings. Because the proceedings involved the same legal issue, whether surrender of the debtors' vehicles fully satisfied the company's claim under the retail installment contracts, the bankruptcy court consolidated argument and overruled the company's objections. The Bankruptcy Appellate Panel of the Tenth Circuit affirmed.
Ruling: 
Creditor entitled to pursue unsecured claim for deficiency on "910 vehicle" pursuant to contract and state law.
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Consumer case opionion summary, case decided on May 19,2008, LexisNexis #0608-056