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Tidewater Fin. Co. v. Keney

Appellant creditor appealed from an order of the Bankruptcy Court for the Eastern District of Virginia, confirming appellee debtor's chapter 13 bankruptcy plan. The bankruptcy court concluded that the hanging paragraph in 11 U.S.C.S. § 1325(a) prevented a 910 creditor from bifurcating her claim and asserting an unsecured deficiency claim for any portion of the debt not covered by the sale of the vehicle.
Ruling: 
"910" creditor entitled to deficiency claim under state law after surrender of debtor's vehicle.
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Consumer case opionion summary, case decided on June 25,2008, LexisNexis #0708-091