Legal Opinion
DaimlerChrysler Financial Services North America LLC v. Griffin (In Re Wilson)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided August 24, 2007No. BAP No. KS-06-126, Bankruptcy No. 06-20075-13PublishedCited by 8 opinions
1Opinion of the Court
BROWN, Bankruptcy Judge.
Appellant DaimlerChrysler Financial Services North America LLC (“Daimler-Chrysler”) appeals the bankruptcy court’s Order confirming the Chapter 13 Plan filed by the Debtor, Lee Thomas Wilson (“Debtor”). Central to this appeal is the question of whether the “hanging paragraph” at the end of 11 U.S.C. § 1325(a)(9) relieves the Debtor of the obligation to pay post-petition interest to the secured creditor who recently financed the Debtor’s acquisition of a car. For the reasons stated below, we reverse the bankruptcy court’s Order.
I. Background
Ninety-three days prior to…
2Cases cited40 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
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3Cited by8 opinions
- In Re HayesUnited States Bankruptcy Court, M.D. Tennessee · 2007
- In Re DeanCourt of Appeals for the Eleventh Circuit · 2008
- In Re LaneUnited States Bankruptcy Court, D. Kansas · 2007
- In Re BethoneyUnited States Bankruptcy Court, D. Massachusetts · 2008
- Nuvell Financial Services Corp. v. DeanCourt of Appeals for the Eleventh Circuit · 2008
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