Legal Opinion
Dumont v. Ford Motor Credit Co. (In Re Dumont)
Court of Appeals for the Ninth Circuit
Decided September 15, 2009No. 08-60002PublishedCited by 17 opinions
1Opinion of the Court
Opinion by Judge O’SCANNLAIN; Dissent by Judge GRABER.
O’SCANNLAIN, Circuit Judge:
We must decide whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 allows a consumer in bankruptcy to retain personal property subject to a security interest by continuing to make payments under his contract.
I
Antoinette Dumont purchased a car in 2003 from Ford Motor Credit Company (“Ford”). The loan agreement contained a clause stating that Dumont would be in default if she was involved in a bankruptcy proceeding, also known as an “ipso facto” clause.1 Dumont filed for Chapter 7 bankruptcy…
2Cases cited41 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Construction Trades CouncilSupreme Court of the United States · 1988
- United States v. KrasSupreme Court of the United States · 1973
36 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ana Flores v. Rod DanielsonCourt of Appeals for the Ninth Circuit · 2013
- In Re JonesCourt of Appeals for the Ninth Circuit · 2011
- In Re Roots Rents, Inc.United States Bankruptcy Court, D. Idaho · 2009
- C.L. Frates & Co. v. Westchester Fire InsuranceCourt of Appeals for the Tenth Circuit · 2013
- California Franchise Tax Board v. Kendall (In Re Jones)Court of Appeals for the Ninth Circuit · 2011
12 more not listed; retrieve them via the Exa API.