Legal Opinion

Tidewater Finance Co. v. Curry (In Re Curry)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided August 10, 2006No. 05-8083PublishedCited by 23 opinions

1Opinion of the Court

OPINION

GREGG, Bankruptcy Judge.

Tidewater Finance Company (“Tidewater”) appeals the bankruptcy court’s order denying its motion to terminate the automatic stay to sell a repossessed motor vehicle and overruling its objection to confirmation of the chapter 13 plan proposed by Laquita Curry (“Debtor”) based on the plan’s “cram down” treatment of its claim secured by the vehicle. The bankruptcy court rejected Tidewater’s argument that its prepetition repossession of the Debtor’s vehicle changed the parties’ respective property rights, thereby prohibiting modification and “cram down” of…

2Cases cited24 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  4. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  5. TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999

19 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. General Electric Credit Equities, Inc. v. Brice Road Developments, L.L.C. (In Re Brice Road Developments, L.L.C.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  2. Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  3. DaimlerChrysler Services North America LLC v. Taranto (In Re Taranto)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
  4. Hildebrand v. Thomas (In Re Thomas)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  5. French v. Johnson (In Re Coomer)United States Bankruptcy Court, N.D. Ohio · 2007

18 more not listed; retrieve them via the Exa API.

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