Nuvell Credit Corp. v. Westfall

OPINION

COOK, Circuit Judge.

Nuvell Credit Corporation (Nuvell) appeals from a judgment of the United States District Court for the Northern District of Ohio affirming the bankruptcy court’s order overruling Nuvell’s objection to confirmation of the Chapter 13 plan filed by debtors Jamie and Angela Westfall (Debtors). This appeal concerns whether the protection from “cramdown” offered by the so-called “hanging paragraph” of 11 U.S.C. § 1325(a) applies to the portion of a creditor’s secured claim attributable to the payoff of negative equity in a trade-in vehicle. Because we find that negative…