Legal Opinion

AmeriCredit Financial Services, Inc. v. Long

Court of Appeals for the Sixth Circuit

Decided March 4, 2008No. 06-6252PublishedCited by 38 opinions

1Opinion of the CourtMerritt, J.

COX, D.J. (pp. 299-301), delivered a separate opinion concurring in the judgment. CLAY, J. (p. 301), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

This consumer bankruptcy, Chapter 13 case arises because the debtor bought a ear under a typical financing arrangement in which the lender retained a lien or mortgage on the car as security for payment of the outstanding loan that enabled the debtor to buy the car. The debtor proposed to surrender the car to the finance company as part of the Chapter 13 plan. The value of the car was less than the outstanding debt. Due to a…

2Cases cited18 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  3. Dewsnup v. TimmSupreme Court of the United States · 1992
  4. Randy BIBBO, Plaintiff-Appellant, v. DEAN WITTER REYNOLDS, INC., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  5. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997

13 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
  2. Shaw v. Aurgroup Financial Credit UnionCourt of Appeals for the Sixth Circuit · 2009
  3. Hildebrand v. Petro (In Re Petro)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  4. Nuvell Credit Corp. v. WestfallCourt of Appeals for the Sixth Circuit · 2010
  5. Tidewater Finance Co. v. KenneyCourt of Appeals for the Fourth Circuit · 2008

33 more not listed; retrieve them via the Exa API.

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