Legal Opinion
In Re Price
Court of Appeals for the Fourth Circuit
Decided April 13, 2009No. 07-2185, 08-1022PublishedCited by 52 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge GREGORY joined.
OPINION
WILKINSON, Circuit Judge:
This appeal involves the application of the “hanging paragraph” in Chapter 13 of the Bankruptcy Code. See 11 U.S.C. § 1325(a). That paragraph prevents the bifurcation (or “strip-down”) of a secured claim when the creditor has a “purchase money security interest” in a motor vehicle acquired for the debtor’s personal use within 910 days of the debtor’s bankruptcy filing. Id. In this case, we must decide how the hanging paragraph applies to a…
2Cases cited26 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Smith v. United StatesSupreme Court of the United States · 1993
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
21 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Ford v. Ford Motor Credit Corp.Court of Appeals for the Tenth Circuit · 2009
- Ford Motor Credit Co. v. Dale (In Re Dale)Court of Appeals for the Fifth Circuit · 2009
- Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
- Americredit Financial Services, Inc. v. PenrodCourt of Appeals for the Ninth Circuit · 2010
- Nuvell Credit Corp. v. WestfallCourt of Appeals for the Sixth Circuit · 2010
47 more not listed; retrieve them via the Exa API.