Legal Opinion

In Re Cross

United States Bankruptcy Court, S.D. Ohio

Decided September 27, 2007No. 07-52605PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER SUSTAINING CAPITAL ONE AUTO FINANCE’S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

Capital One Auto Finance (“Capital One”) has filed an objection to confirmation (“Objection”) of the Debtor’s Chapter 13 plan (“Plan”), arguing that the Plan’s proposed treatment of its secured claim violates the requirements imposed by the so-called hanging paragraph of 11 U.S.C. § 1325(a). 1 The issue presented is whether a 2006 Cadillac CTS sedan (“Cadillac”) purchased by the Debtor within 910 days of the filing of his bankruptcy petition is “a motor…

2Cases cited17 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  4. In Re SorrellUnited States Bankruptcy Court, S.D. Ohio · 2007
  5. In Re SparksUnited States Bankruptcy Court, S.D. Ohio · 2006

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3Cited by4 opinions

  1. In Re SantiagoUnited States Bankruptcy Court, S.D. Florida. · 2009
  2. In Re StrangeUnited States Bankruptcy Court, M.D. Georgia · 2010
  3. In Re PowellUnited States Bankruptcy Court, C.D. Illinois · 2009
  4. Powell v. Clark (In Re Powell)District Court, C.D. Illinois · 2010

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