Legal Opinion
In Re Dunlap
United States Bankruptcy Court, E.D. Wisconsin
Decided January 31, 2008No. 19-21546PublishedCited by 15 opinions
1Opinion of the Court
DECISION
JAMES E. SHAPIRO, Bankruptcy Judge.
INTRODUCTION
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) has spawned many legal issues. Among these issues is the dispute now before this court as to whether negative equity financing 1 is a purchase money security interest (“PMSI”) or is a nonPMSI. The consequences of this determination are as follows: under the “hanging paragraph,” 2 a borrower cannot “cram down” the secured car lender’s claim into a secured claim (to the extent of the value of the collateral) and an unsecured claim (for the balance of the loan).…
2Cases cited22 opinions
- In Re WrightCourt of Appeals for the Seventh Circuit · 2007
- General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
- In Re PeasleeUnited States Bankruptcy Court, W.D. New York · 2006
- In Re PriceUnited States Bankruptcy Court, E.D. North Carolina · 2007
- In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007
17 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- Graupner v. Nuvell Credit Corp.Court of Appeals for the Eleventh Circuit · 2008
- Ford Motor Credit v. Sanders (In Re Sanders)District Court, W.D. Texas · 2009
- In Re FordUnited States Bankruptcy Court, D. Kansas · 2008
- In Re MunzbergUnited States Bankruptcy Court, D. Vermont · 2008
10 more not listed; retrieve them via the Exa API.