Legal Opinion

Dumont v. Ford Motor Credit Co. (In Re Dumont)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 6, 2008No. BAP No. SC-07-1155-BaMoD, Bankruptcy No. 06-00980-JM7PublishedCited by 17 opinions

1Opinion of the Court

BAUM, Bankruptcy Judge:

We must determine if the Ninth Circuit’s decision, McClellan Fed. Credit Union v. Parker (In re Parker), 139 F.3d 668 (9th Cir.1998), which allowed chapter 7 bankrupt debtors to retain their motor vehicles if current on their payments without an enforceable reaffirmation agreement, was effectively overruled by the 2005 amendments to the Bankruptcy Code. We conclude that these amendments effectively overruled Parker and its progeny, fundamentally changing the way bankruptcy courts and individual debtors in chapter 7 deal with purchase money secured claims on personal…

2Cases cited16 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. In Re American Hardwoods, Inc., Debtor. American Hardwoods, Inc. v. Deutsche Credit CorporationCourt of Appeals for the Ninth Circuit · 1989
  3. In Re David P. Parker, Sr., Debtor. McClellan Federal Credit Union v. David P. Parker, Sr.Court of Appeals for the Ninth Circuit · 1998
  4. In Re DonaldUnited States Bankruptcy Court, E.D. North Carolina · 2006
  5. In Re Charles Lopez in Re Julie Lopez, Debtors, Bankruptcy Receivables Management v. Charles Lopez Julie LopezCourt of Appeals for the Ninth Circuit · 2003

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

3Cited by17 opinions

  1. Samson v. Western Capital Partners, LLC (In re Blixseth)Court of Appeals for the Ninth Circuit · 2012
  2. Dumont v. Ford Motor Credit Co. (In Re Dumont)Court of Appeals for the Ninth Circuit · 2009
  3. Coastal Federal Credit Union v. HardimanDistrict Court, E.D. North Carolina · 2008
  4. Noland v. HSBC Auto Finance, Inc. (In Re Baine)United States Bankruptcy Court, S.D. Ohio · 2008
  5. Ford Motor Credit Co. v. Baker (In Re Baker)District Court, D. Delaware · 2009

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

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