Legal Opinion
In Re Pinti
United States Bankruptcy Court, S.D. New York
Decided March 13, 2007No. 19-10776PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM DECISION ON OBJECTION TO CONFIRMATION
CECELIA G. MORRIS, Bankruptcy Judge.
The Court is asked to interpret the “Hanging Paragraph” added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub.L. 109-8; nominalized as “BAPCPA”) to 11 U.S.C. § 1325(a)(5). One function of the Hanging Paragraph is to prevent “bifurcation” or “stripping” of certain undersecured creditors’ claims (usually where the collateral consists of automobiles newer than 2^ years old) into secured and unsecured portions when the debtor elects to retain the collateral as part of a Chapter 13 plan.…
2Cases cited30 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
25 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- AmeriCredit Financial Services, Inc. v. LongCourt of Appeals for the Sixth Circuit · 2008
- In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007
- Wells Fargo Financial Acceptance v. Rodriguez (In Re Rodriguez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- AMERICREDIT FINANCIAL SERVICES, INC. v. TompkinsCourt of Appeals for the Second Circuit · 2010
- DaimlerChrysler Financial Services Americas, LLC v. Miller (In Re Miller)Court of Appeals for the Fifth Circuit · 2009
12 more not listed; retrieve them via the Exa API.