Legal Opinion
DaimlerChrysler Financial Services Americas, LLC v. Miller (In Re Miller)
Court of Appeals for the Fifth Circuit
Decided June 5, 2009No. 08-30601PublishedCited by 20 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Joseph Miller (“Miller”) and his wife, Shelley Miller, filed a chapter 13 bankruptcy petition and proposed to surrender their vehicle in full satisfaction of the remaining debt to DaimlerChrysler (“DC”), which opposed the bankruptcy plan. The bankruptcy court confirmed the plan, and DC appealed directly to this court. We reverse and remand.
I
Miller entered into a contract with a dealership for the purchase of a vehicle. The dealership assigned all its interests in the contract to DC, which perfected its lien on the vehicle with a first priority purchase money…
2Cases cited26 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
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Randy BIBBO, Plaintiff-Appellant, v. DEAN WITTER REYNOLDS, INC., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1998
21 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Linda McCoy v. Mississippi State Tax CmsnCourt of Appeals for the Fifth Circuit · 2012
- Ford Motor Credit Co. v. Dale (In Re Dale)Court of Appeals for the Fifth Circuit · 2009
- AMERICREDIT FINANCIAL SERVICES, INC. v. TompkinsCourt of Appeals for the Second Circuit · 2010
- Villarreal v. Showalter (In Re Villarreal)United States Bankruptcy Court, S.D. Texas · 2009
- Dumont v. Ford Motor Credit Co. (In Re Dumont)Court of Appeals for the Ninth Circuit · 2009
15 more not listed; retrieve them via the Exa API.