Legal Opinion
In Re Diana Lynn HARVEY, Debtor-Appellant
Court of Appeals for the Seventh Circuit
Decided May 2, 2000No. 98-4094PublishedCited by 101 opinions
1Opinion of the Court
DIANE P. WOOD, Circuit Judge.
At the time Diana Harvey filed for protection under Chapter 13 of the Bankruptcy Code in September 1996, she owed $16,165 to General Motors Acceptance Corporation for her 1993 Oldsmobile Cutlass Supreme. Unfortunately (at least for GMAC), the car was then worth only $9,500. GMAC had a perfected security interest in the car, but the disparity between the value of the asset and the total amount of the debt made it an unsecured creditor to the tune of $6,665.
This case concerns the practice known in the typically colorful bankruptcy jargon as “lien stripping.” Harvey…
2Cases cited17 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- United States v. ITT Continental Baking Co.Supreme Court of the United States · 1975
- Firefighters Local Union No. 1784 v. StottsSupreme Court of the United States · 1984
- In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
- Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
12 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- In Re HudsonUnited States Bankruptcy Court, W.D. Michigan · 2001
- Grede v. Bank of New York MellonCourt of Appeals for the Seventh Circuit · 2010
- In Re DugginsUnited States Bankruptcy Court, C.D. Illinois · 2001
- Profit v. Savage (In Re Profit)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- In re DardenUnited States Bankruptcy Court, D. Massachusetts · 2012
96 more not listed; retrieve them via the Exa API.