Legal Opinion
In Re Westfall
United States Bankruptcy Court, N.D. Ohio
Decided September 24, 2007No. 19-10304PublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
RUSS KENDIG, Bankruptcy Judge.
This case is before the court on the objections to confirmation filed by creditor Nuvell Credit Corporation (“Nuvell”) and creditor WFS Financial, Inc. (“WFS”). Both objections were based on debtors’ proposed treatment of the creditors’ secured vehicle loans. Through the plan, debtors proposed to bifurcate the loans into secured and unsecured portions. Creditors argued that the language in 11 U.S.C. § 1325(a), the “hanging paragraph,” protected their claims from bifurcation because the loans are qualifying purchase money security interests.…
2Cases cited25 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
20 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- In Re SandersUnited States Bankruptcy Court, W.D. Texas · 2007
- In Re HayesUnited States Bankruptcy Court, M.D. Tennessee · 2007
- Americredit Financial Services, Inc. v. Penrod (In Re Penrod)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- In Re LookUnited States Bankruptcy Court, D. Maine · 2008
22 more not listed; retrieve them via the Exa API.