Legal Opinion
In re Royal
United States Bankruptcy Court, S.D. California
Decided April 12, 2018No. Bk. No. 17–03499–LA13Published
1Opinion of the Court
Louise De Carl Adler, JUDGE
Sol Acceptance, LLC ("SOL") objects to confirmation of the chapter 13 plan of Ricol and Kimberly Royal ("Royal") on the ground that the so-called "Hanging Paragraph" of 11 U.S.C. Section 1325(a)1 prohibits bifurcation and reduction of its secured claim. Royal opposes the objection, arguing that he acquired the vehicle for business; not personal use, making the Hanging Paragraph inapplicable. At issue is whether Royal's vehicle was "acquired for the personal use of the debtor" as it is construed under the Hanging Paragraph, in which case SOL's claim may not be…
2Cases cited14 opinions
- In re: David C. Welsh and Sharon N. WelshUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re SolisUnited States Bankruptcy Court, S.D. Texas · 2006
- In Re HillUnited States Bankruptcy Court, W.D. Louisiana · 2006
- In Re PhillipsUnited States Bankruptcy Court, E.D. Virginia · 2007
- In Re GrimmeUnited States Bankruptcy Court, S.D. Ohio · 2007
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