Legal Opinion
In Re Wright
Court of Appeals for the Seventh Circuit
Decided July 3, 2007No. 07-1483PublishedCited by 73 opinions
1Opinion of the Court
EASTERBROOK, Chief Judge.
Bankruptcy judges across the nation have divided over the effect of the unnumbered hanging paragraph that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 added to § 1325(a) of the Bankruptcy Code, 11 U.S.C. § 1325(a). Section 1325, part of Chapter 13, specifies the circumstances under which a consumer’s plan of repayment can be confirmed. The hanging paragraph says that, for the purpose of a Chapter 13 plan, § 506 of the Code, 11 U.S.C. § 506, does not apply to certain secured loans.
Section 506(a) divides loans into secured and unsecured portions;…
2Cases cited11 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
- Padilla v. Wells Fargo Home Mortgage, Inc. (In Re Padilla)United States Bankruptcy Court, S.D. Texas · 2007
- Ford Motor Credit Co. v. Dale (In Re Dale)Court of Appeals for the Fifth Circuit · 2009
- AmeriCredit Financial Services, Inc. v. LongCourt of Appeals for the Sixth Circuit · 2008
- Cano v. GMAC Mortgage Corp. (In Re Cano)United States Bankruptcy Court, S.D. Texas · 2009
68 more not listed; retrieve them via the Exa API.