Legal Opinion
Ford Motor Credit Co. v. Dale (In Re Dale)
Court of Appeals for the Fifth Circuit
Decided September 10, 2009No. 08-20583PublishedCited by 39 opinions
1Opinion of the Court
HAYNES, Circuit Judge:
This appeal involves the proper construction of the “hanging paragraph” 1 in 11 U.S.C. § 1325(a), which was added to the Bankruptcy Code (Code) by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Under the Code, a lien creditor generally holds a secured claim only to the extent of the present value of the collateral that the lien encumbers. If the amount of the secured claim exceeds the present value of the collateral, the Code treats the excess amount as a separate, unsecured claim. This process is known as bifurcation or “stripping down”…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
- In Re WrightCourt of Appeals for the Seventh Circuit · 2007
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- In Re PriceCourt of Appeals for the Fourth Circuit · 2009
13 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- United States v. Robert KaluzaCourt of Appeals for the Fifth Circuit · 2015
- Wilmer Garcia Carias v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2012
- Khalid v. HolderCourt of Appeals for the Fifth Circuit · 2011
- Americredit Financial Services, Inc. v. PenrodCourt of Appeals for the Ninth Circuit · 2010
- Nuvell Credit Corp. v. WestfallCourt of Appeals for the Sixth Circuit · 2010
34 more not listed; retrieve them via the Exa API.