Legal Opinion
In the Matter of Elray and Jean Rash, Debtor. Associates Commercial Corporation v. Elray Rash and Jean E. Rash
Court of Appeals for the Fifth Circuit
Decided July 30, 1996No. 93-5396PublishedCited by 37 opinions
1Opinion of the Court
KING, Circuit Judge:
A creditor appeals the district court’s affir-mance of the bankruptcy court’s orders that fixed the amount of the creditor’s secured claim and confirmed the debtors’ amended Chapter 13 plan. The debtors’ plan treated the creditor’s secured claim under the “cram down” provision found in § 1325(a)(5)(B) of the Bankruptcy Code: the debtors would retain the collateral securing the creditor’s lien — a tractor truck — and pay the creditor the amount of its secured claim, such amount being equal to the value of the truck. Following an evidentiary hearing, the bankruptcy court…
2Cases cited68 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Dewsnup v. TimmSupreme Court of the United States · 1992
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
63 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re Donald Taffi Madelaine Taffi, Debtors. Donald Taffi Madelaine Taffi v. United StatesCourt of Appeals for the Ninth Circuit · 1996
- In the Matter of Zandal Hoskins and Debra A. Hoskins, Debtors-Appellees. Appeal of Nbd Bank, N.ACourt of Appeals for the Seventh Circuit · 1996
- DaimlerChrysler Financial Services Americas, LLC v. Miller (In Re Miller)Court of Appeals for the Fifth Circuit · 2009
- In Re FareedUnited States Bankruptcy Court, N.D. Illinois · 2001
32 more not listed; retrieve them via the Exa API.