Legal Opinion

GMAC v. Mancini (Mancini)

United States Bankruptcy Court, M.D. Pennsylvania

Decided July 15, 2008No. 1-07-bk-02236 RNOPublishedCited by 1 opinion

1Opinion of the Court

Opinion 1

ROBERT N. OPEL, II, Bankruptcy Judge.

Pending before the Court is GMAC’s Objection to the confirmation of Debtor, Todd M. Mancini dba Mancini Electric’s, (“Debtor”) chapter 13 plan. GMAC objects to the Debtor’s attempt to cram down the value of a motor vehicle under 11 U.S.C. § 506(a)(1) and 11 U.S.C. § 1325(a)(5). 2 GMAC contends that the entire amount financed on the motor vehicle is a purchase money security interest granted within 910 days of the petition, and therefore, is protected from being crammed down by the “hanging paragraph” that was added to § 1325. 3 For the reasons…

2Cases cited25 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Wachovia Bank, National Ass'n v. SchmidtSupreme Court of the United States · 2006
  3. Lafferty v. St. RielCourt of Appeals for the Third Circuit · 2007
  4. General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
  5. In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007

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3Cited by1 opinion

  1. Knepper v. Capital One Auto Financial (In Re Knepper)United States Bankruptcy Court, W.D. Pennsylvania · 2009

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