Legal Opinion
Knepper v. Capital One Auto Financial (In Re Knepper)
United States Bankruptcy Court, W.D. Pennsylvania
Decided May 19, 2009No. 19-70082PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
WARREN W. BENTZ, Bankruptcy Judge.
Scott Knepper and Jeannine Knepper (“Debtors”) filed a voluntary Petition under Chapter 13 of the Bankruptcy Code on February 29, 2008 (“Filing Date”). This matter involves the Debtors’ Motion under 11 U.S.C. § 506 to determine the amount of a secured claim held by Capital One Auto Finance (“Lender”) on a 2006 Chrysler Pacifica. The lien was created less than 910 days prior to the Filing Date. 1
Lender asserts that its lien is a purchase money security interest not subject to modification pursuant to § 1325.
A portion of the loan proceeds from the…
2Cases cited10 opinions
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- General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
- Shaw v. Aurgroup Financial Credit UnionCourt of Appeals for the Sixth Circuit · 2009
- Citifinancial Auto v. Hernandez-SimpsonDistrict Court, D. Kansas · 2007
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3Cited by1 opinion
- In Re MoreyUnited States Bankruptcy Court, E.D. Wisconsin · 2009