Legal Opinion
In Re Montoya
United States Bankruptcy Court, D. Utah
Decided April 10, 2006No. 19-20711PublishedCited by 42 opinions
1Opinion of the Court
MEMORANDUM DECISION
JUDITH A. BOULDEN, Bankruptcy Judge.
Heather Montoya (Debtor) 1 proposes a Chapter 13 plan in which she seeks to pay for a 1997 Mercury Tracer (Tracer) that she purchased within 910 days of filing her petition by bifurcating the secured claim under 11 U.S.C. § 506(a)(1), 2 paying the secured value of the Tracer in full, and paying only a small percentage of the unsecured balance. Although the hanging paragraph found after § 1325(a)(9) now prohibits bifurcation under § 506(a)(1) in certain instances, the Debtor and the Chapter 13 Trustee argue that bifurcation is still…
2Cases cited22 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In the Matter of Barbara Garfinkle, Bankrupt. Arthur Dooley, Trustee, and Penthouse International, Ltd. v. Kenneth J. Weil, Trustee in BankruptcyCourt of Appeals for the Eleventh Circuit · 1982
- Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
- Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002
- Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
17 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- In Re DeSardiUnited States Bankruptcy Court, S.D. Texas · 2006
- In Re SparksUnited States Bankruptcy Court, S.D. Ohio · 2006
- Trejos v. VW Credit, Inc. (In Re Trejos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Citifinancial Auto v. Hernandez-SimpsonDistrict Court, D. Kansas · 2007
- In Re BrooksUnited States Bankruptcy Court, E.D. North Carolina · 2006
37 more not listed; retrieve them via the Exa API.