Legal Opinion

DaimlerChrysler Financial Services Americas LLC v. Quick (In Re Quick)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided July 5, 2007No. BAP Nos. No-07-025, No-07-026. Bankruptcy No. 06-10729-M, 06-11031-MPublishedCited by 20 opinions

1Opinion of the Court

CLARK, Bankruptcy Judge.

This appeal involves undisputed facts and a single legal issue, which is whether a debtor’s surrender of a “910 vehicle” 1 operates as full satisfaction of a secured creditor’s claim, thereby precluding the filing of an unsecured claim for a deficiency. Because we hold that it does, we affirm the bankruptcy court’s judgment. 2

BACKGROUND

Debtors each purchased a vehicle for personal use within 910 days of the filing of their Chapter 13 bankruptcies. Both vehicles were secured by purchase money security interests held by DaimlerChrysler Financial Services Americas LLC…

2Cases cited26 opinions

  1. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  2. In Re WrightCourt of Appeals for the Seventh Circuit · 2007
  3. Ricky Wayne Bracewell v. Walter W. KelleyCourt of Appeals for the Eleventh Circuit · 2006
  4. In Re EzellUnited States Bankruptcy Court, E.D. Tennessee · 2006
  5. In Re SparksUnited States Bankruptcy Court, S.D. Ohio · 2006

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

3Cited by20 opinions

  1. General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
  2. In Re SandersUnited States Bankruptcy Court, W.D. Texas · 2007
  3. Capital One Auto Finance v. OsbornCourt of Appeals for the Eighth Circuit · 2008
  4. Wells Fargo Financial Acceptance v. Rodriguez (In Re Rodriguez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  5. In Re HayesUnited States Bankruptcy Court, M.D. Tennessee · 2007

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API