Legal Opinion

Nuvell Financial Services Corp. v. Dean

Court of Appeals for the Eleventh Circuit

Decided August 7, 2008No. 07-14163PublishedCited by 3 opinions

1Opinion of the Court

VINSON, District Judge:

Nuvell Credit Company, LLC, f/k/a Nu-vell Credit Corporation (“Creditor”) directly appeals the bankruptcy court’s Order Confirming Chapter 13 Plan in the case of James and Stacie Dean (“Debtors”). Central to this appeal is the question of whether a claim that falls within the “hanging paragraph” at the end of Title 11, United States Code, Section 1325(a)(9), is an allowed secured claim entitling the Creditor to payment in full, plus post-petition interest.1

I. BACKGROUND

The facts of this case are undisputed and can be stated briefly. On June 15, 2004, the Debtors…

2Cases cited16 opinions

  1. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  2. Bankr. L. Rep. P 73,548 in Re William and Debra Calvert, Debtors. Green Tree Acceptance, Inc. v. William and Debra CalvertCourt of Appeals for the Eleventh Circuit · 1990
  3. In Re DeSardiUnited States Bankruptcy Court, S.D. Texas · 2006
  4. In Re CarverUnited States Bankruptcy Court, S.D. Georgia · 2006
  5. Wachovia Dealer Services v. Jones (In Re Jones)Court of Appeals for the Tenth Circuit · 2008

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Shaw v. Aurgroup Financial Credit UnionCourt of Appeals for the Sixth Circuit · 2009
  2. In Re DeanCourt of Appeals for the Eleventh Circuit · 2008
  3. Shaw v. Aurgroup Financial Credit UnionCourt of Appeals for the Sixth Circuit · 2009

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