Legal Opinion
In Re Johnson
United States Bankruptcy Court, D. Oregon
Decided December 19, 2007No. 07-31717PublishedCited by 15 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION
RANDALL L. DUNN, Bankruptcy Judge.
The issue before me requires that I plunge further into the semantic briar-patch generally referred to as the Hanging Paragraph, added to § 1325(a) of the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). 1 Specifically, I must decide whether a creditor holds a purchase money security interest (“PMSI”) for purposes of the Hanging Paragraph, where a portion of its debt represents financing of negative equity 2 in a vehicle traded in by the debtors at the time the debtors purchased their…
2Cases cited25 opinions
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
- In Re PeasleeUnited States Bankruptcy Court, W.D. New York · 2006
20 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- Americredit Financial Services, Inc. v. Penrod (In Re Penrod)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- In Re LookUnited States Bankruptcy Court, D. Maine · 2008
- Graupner v. Nuvell Credit Corp.Court of Appeals for the Eleventh Circuit · 2008
- In Re FordUnited States Bankruptcy Court, D. Kansas · 2008
10 more not listed; retrieve them via the Exa API.