Capital One Auto Finance v. Osborn (In Re Osborn)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
MAHONEY, Bankruptcy Judge.
In the debtors’ Chapter 13 case, Capital One Auto Finance (“Capital One”) is the holder of a claim in the amount of $20,279.80, secured by a purchase money security interest in a 2003 Chevrolet pickup truck. The truck was purchased and the debt was incurred within 910 days prior to the filing of the bankruptcy petition. The debtors’ Plan proposes to surrender the truck as full payment of the entire debt, leaving Capital One without an unsecured claim. Capital One objected to the Plan and the debtors objected to Capital One’s claim. The matter was submit ted on briefs…
2Cases cited24 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re Elmer FOBIAN and Elsie Fobian, Debtors. Elmer FOBIAN and Elsie Fobian, Appellants, v. WESTERN FARM CREDIT BANK, AppelleeCourt of Appeals for the Ninth Circuit · 1991
- Bankr. L. Rep. P 77,477 in Re: Mary Beth Usery, Debtor. Ewing B. Gourley Carol L. Gourley v. Mary Beth Usery Steven Usery James McLeod Trustee, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Mary Beth Usery Steven Usery James McLeod Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, William Hart, Trustee Under Certain Deeds of Trust v. Ewing B. Gourley Carol L. Gourley E.B.G. Health Care Iii, Inc. E.B.G. Health Care Iv, Inc. Health Care Retirement Village, Inc. Health Care Laundry Services, Inc.Court of Appeals for the Eighth Circuit · 1997
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3Cited by13 opinions
- In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007
- Capital One Auto Finance v. OsbornCourt of Appeals for the Eighth Circuit · 2008
- Wells Fargo Financial Acceptance v. Rodriguez (In Re Rodriguez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- DaimlerChrysler Financial Services Americas LLC v. Quick (In Re Quick)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
- In Re PintiUnited States Bankruptcy Court, S.D. New York · 2007
8 more not listed; retrieve them via the Exa API.