Legal Opinion
In re Maushart
United States Bankruptcy Court, M.D. Pennsylvania
Decided October 25, 2012No. 5-11-BK-06432-JJTPublished
1Opinion of the Court
*628 OPINION
JOHN J. THOMAS, Bankruptcy Judge.
The litigation pending before me raises an interesting issue of interpretation created by a phrase utilized in the Bankruptcy Amendments of 2005. As may be apparent, those amendments placed several constrictions on consumer filers because of perceived past abuses. Among those changes was included an anti-modification provision found in § 1325 of the Bankruptcy Code regarding vehicle purchases. The provision is referred to as the “hanging paragraph” due to its unnumbered placement at some distance from subsection (a)(5) to which it refers. More…
2Cases cited5 opinions
- Perrin v. United StatesSupreme Court of the United States · 1979
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- Anderson v. BabbCourt of Appeals for the Fourth Circuit · 1980
- In Re SolisUnited States Bankruptcy Court, S.D. Texas · 2006
- In Re LaDeauxUnited States Bankruptcy Court, S.D. Ohio · 2007