Legal Opinion
In Re Hayes
United States Bankruptcy Court, M.D. Tennessee
Decided November 1, 2007No. 07-02564, 07-03798PublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The issue in these consolidated Chapter 13 cases is whether CitiFinancial and GMAC hold purchase money security interests to which 11 U.S.C. § 506 “shall not apply” under the hanging sentence at the end of 11 U.S.C. § 1325(a). Because the conditions in the hanging sentence are collateral — specific and these creditors do not claim purchase money security interests in some items of their collateral, the protection from bifurcation in the hanging sentence is not available to portions of the debt in each case. In addition, bundling the sale of credit…
2Cases cited71 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
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
66 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- Americredit Financial Services, Inc. v. Penrod (In Re Penrod)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- In Re WeiserUnited States Bankruptcy Court, W.D. Missouri · 2007
- In Re LookUnited States Bankruptcy Court, D. Maine · 2008
- In Re MitchellUnited States Bankruptcy Court, M.D. Tennessee · 2007
22 more not listed; retrieve them via the Exa API.