Legal Opinion

In Re George H. Mitchell Carol J. Mitchell, Debtors. General Motors Acceptance Corporation v. George H. Mitchell Carol J. Mitchell

Court of Appeals for the Ninth Circuit

Decided January 21, 1992No. 90-15952PublishedCited by 52 opinions

1Opinion of the Court

SCHROEDER, Circuit Judge:

General Motors Acceptance Corporation (GMAC) appeals from the decision of the Bankruptcy Appellate Panel (BAP) which established the value of an automobile owned by George H. and Carol J. Mitchell. The purpose of the valuation was to determine the amount of GMAC’s allowed secured claim in the Mitchells’ Chapter 13 cram-down bankruptcy plan. A careful reading of the statutory language involved here, 11 U.S.C. § 506(a), and the overwhelming weight of authority support the outcome reached by the BAP. We affirm its use of the wholesale blue book valuation. We also affirm…

Also in this document: Dissent.

2Cases cited4 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  3. In Re Peter Gordon Balbus, Debtor. Brown and Company Securities Corporation v. Peter Gordon BalbusCourt of Appeals for the Fourth Circuit · 1991
  4. Valley National Bank of Arizona v. Malody (In Re Malody)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989

3Cited by52 opinions

  1. United States Ex Rel. Farmers Home Administration v. Arnold & Baker Farms (In Re Arnold & Baker Farms)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  2. In Re Donald Taffi Madelaine Taffi, Debtors. Donald Taffi Madelaine Taffi v. United StatesCourt of Appeals for the Ninth Circuit · 1996
  3. Johnson v. General Motors Acceptance Corp. (In Re Johnson)District Court, S.D. Georgia · 1994
  4. In Re Donald Allen Trimble, Debtor. Metrobank, Creditor/appellant v. Donald Allen Trimble, Debtor/appelleeCourt of Appeals for the Eighth Circuit · 1995
  5. In Re SharonUnited States Bankruptcy Court, S.D. Ohio · 1996

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