Legal Opinion
In Re Look
United States Bankruptcy Court, D. Maine
Decided March 6, 2008No. 07-20355PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES B. HAINES, JR., Bankruptcy Judge.
This confirmation contest, submitted for decision on a stipulated record, calls for construction of the so-called “hanging paragraph,” added to Bankruptcy Code § 1325(a)(9) by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). 1 The critical issue is whether a creditor holding a security interest in a motor vehicle, who otherwise comes within the “anti-birfurcation” protection of the hanging paragraph, is entitled to that protection if its lien secures a debt consisting not only of the sale price of the…
2Cases cited40 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Butner v. United StatesSupreme Court of the United States · 1979
- Perrin v. United StatesSupreme Court of the United States · 1979
- Kibbe v. SumskiBankruptcy Appellate Panel of the First Circuit · 2007
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
35 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- In Re PriceCourt of Appeals for the Fourth Circuit · 2009
- Americredit Financial Services, Inc. v. Penrod (In Re Penrod)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- Young v. Camelot Homes, Inc. (In Re Young)United States Bankruptcy Court, D. Maine · 2008
- Graupner v. Nuvell Credit Corp.Court of Appeals for the Eleventh Circuit · 2008
15 more not listed; retrieve them via the Exa API.