Hingiss v. MMCC Financial Corp.

OPINION

LYNN ADELMAN, District Judge.

This is an appeal from the bankruptcy court’s order sustaining the objection of MMCC Financial Corporation to the confirmation of Amy and Joshua Hingiss’s Chapter 13 plan. The issue presented is whether the 910-day period in the “hanging paragraph” of 11 U.S.C. § 1325(a) is a statute of limitations subject to equitable tolling.

I. BACKGROUND

On June 1, 2007, debtors Amy and Joshua Hingiss purchased a 2004 Dodge Caravan. MMCC Financial Corporation financed the purchase and took a security interest in the vehicle. A security interest created through a…