AmeriCredit Financial Services, Inc. v. Padgett (In Re Padgett)

STARZYNSKI, Bankruptcy Judge,

concurring.

I concur in the Court’s decision to reverse the bankruptcy court’s decision, but I respectfully reach that conclusion on a different basis than that of the majority.

The statute at issue, frequently referred to as the “hanging paragraph” and found at or after § 1325(a)(9)1, reads in relevant part as follows:

*382“For purposes of paragraph (5) [§ 1325(a)(5) ], section 506 shall not apply to a claim described in that paragraph if the creditor has a purchase money security interest securing the debt that is the subject of the claim, the debt was incurred within…