Legal Opinion
In Re Howard
Court of Appeals for the Seventh Circuit
Decided March 1, 2010No. 09-3181PublishedCited by 13 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This direct appeal from the bankruptcy court, pursuant to 28 U.S.C. § 158(d)(2)(A), requires us to consider an issue that is new in this court. It is whether the bankruptcy court’s “cram-down” power in a Chapter 13 bankruptcy (the counterpart, for an individual, to corporate reorganization in bankruptcy— Chapter 11) extends to an automobile dealer’s, or other creditor’s, taking a security interest in a customer’s “negative equity” in his traded-in vehicle. (Often as in this case the financing of the purchase of a car is done by a finance company rather than by the dealer…
2Cases cited11 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re WrightCourt of Appeals for the Seventh Circuit · 2007
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
- Americredit Financial Services, Inc. v. PenrodCourt of Appeals for the Ninth Circuit · 2010
- Nuvell Credit Corp. v. WestfallCourt of Appeals for the Sixth Circuit · 2010
- Ryan v. United States (In Re Ryan)Court of Appeals for the Seventh Circuit · 2013
- Caterpillar Financial Services Corp. v. Peoples National Bank, N.A.Court of Appeals for the Seventh Circuit · 2013
8 more not listed; retrieve them via the Exa API.