Legal Opinion
Ford Motor Credit Co. v. Mierkowski (In Re Mierkowski)
Court of Appeals for the Eighth Circuit
Decided September 8, 2009No. 08-3866PublishedCited by 10 opinions
1Opinion of the Court
BENTON, Circuit Judge.
Rebecca J. Mierkowski and Dennis L. Mierkowski filed a Chapter 13 petition under the Bankruptcy Code. In their plan, the Mierkowskis proposed to bifurcate Ford Motor Credit Company’s claim. Ford Credit objected to the plan, and the bankruptcy court overruled the objection. Ford Credit appeals. Having jurisdiction under 28 U.S.C. § 158(d)(2), this court reverses and remands.
I
In August 2006, the Mierkowskis purchased a new vehicle for the cash-sale price of $22,444. The Mierkowskis and the dealer agreed to a trade-in allowance of $13,750, but $21,820.65 was still owed on…
2Cases cited9 opinions
- In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
- Lane v. LensmeyerSupreme Court of Missouri · 2005
- In Re PriceCourt of Appeals for the Fourth Circuit · 2009
- Ford v. Ford Motor Credit Corp.Court of Appeals for the Tenth Circuit · 2009
- Matter of NocitaSupreme Court of Missouri · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Americredit Financial Services, Inc. v. PenrodCourt of Appeals for the Ninth Circuit · 2010
- In Re RileyUnited States Bankruptcy Court, N.D. Ohio · 2010
- In re ManorUnited States Bankruptcy Court, W.D. Wisconsin · 2017
- Nuvell Credit Co. v. Callicott (In Re Callicott)Court of Appeals for the Eighth Circuit · 2009
- In Re PenrodCourt of Appeals for the Ninth Circuit · 2010
5 more not listed; retrieve them via the Exa API.