Legal Opinion
In Re Munzberg
United States Bankruptcy Court, D. Vermont
Decided June 3, 2008No. 07-10560PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
On Creditor’s Objection to Plan Confirmation Based Upon Its Rights Under the “Hanging Paragraph”
COLLEEN A. BROWN, Bankruptcy Judge.
The Court is called upon to decide the extent to which the claim of Daimler-Chrysler Financial Services Americas LLC (the “Creditor”) is protected from bifurcation and cramdown in chapter 13, as a claim secured by a purchase money security interest (“PMSI”), where the claim includes not only the purchase price of a motor vehicle but also the purchase of gap insurance and a service contract, and “negative equity” 1 on a trade-in vehicle. This…
2Cases cited47 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Environmental Defense v. Duke Energy CorporationSupreme Court of the United States · 2007
- In Re WrightCourt of Appeals for the Seventh Circuit · 2007
- Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985
42 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- In Re PriceCourt of Appeals for the Fourth Circuit · 2009
- Graupner v. Nuvell Credit Corp.Court of Appeals for the Eleventh Circuit · 2008
- GMAC v. HorneDistrict Court, E.D. Virginia · 2008
- Nuvell Credit Co. v. Muldrew (In Re Muldrew)District Court, E.D. Michigan · 2008
8 more not listed; retrieve them via the Exa API.