Legal Opinion
In Re Martinez
United States Bankruptcy Court, S.D. New York
Decided July 28, 2009No. 19-22400PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION APPROVING DEBTOR’S CHAPTER 13 PLAN
MARTIN GLENN, Bankruptcy Judge.
INTRODUCTION
This case presents the question whether a court should approve a debtor’s chapter 13 plan that proposes to cram down a creditor’s secured interest in an automobile that is not a so-called 910 vehicle. In determining whether to approve the chapter 13 plan proposed by Erasmo Martinez (the “Debtor”), the Court considers whether (1) the Debtor may bifurcate the secured claim of VNB Loan Services (“VNB”) into secured and unsecured portions under § 506(a) of the Bankruptcy Code and cram down the secured…
2Cases cited9 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- DaimlerChrysler Financial Services Americas LLC v. Quick (In Re Quick)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
- In Re MoralesUnited States Bankruptcy Court, C.D. California · 2008
- In Re CollinsUnited States Bankruptcy Court, E.D. Texas · 1994
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re WimmerUnited States Bankruptcy Court, S.D. New York · 2014
- In Re GonchUnited States Bankruptcy Court, N.D. New York · 2010
- In Re HerreraUnited States Bankruptcy Court, E.D. New York · 2011
- In Re HenryUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
- Santander Consumer USA, Inc. v. Phillip Jefferson BrownCourt of Appeals for the Eleventh Circuit · 2014
3 more not listed; retrieve them via the Exa API.