Legal Opinion
In Re Schwalm
United States Bankruptcy Court, M.D. Florida
Decided January 16, 2008No. 8:07-bk-4483-KRMPublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
K. RODNEY MAY, Bankruptcy Judge.
In this Chapter 13 case, the Court must determine whether the “hanging paragraph,” added to the end of Section 1325(a) in 2005, protects two “910 car” lenders from having their respective loans stripped down to the current value of each car. The debtors argue that the lenders are not entitled to that protection because they do not hold the requisite “purchase money security interest” — their loans include (1) a roll-over of negative equity owed on cars that were traded in, (2) pre-payment of “gap” insurance to cover the difference…
2Cases cited12 opinions
- General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
- In Re PeasleeUnited States Bankruptcy Court, W.D. New York · 2006
- In Re PriceUnited States Bankruptcy Court, E.D. North Carolina · 2007
- In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007
- In Re PajotUnited States Bankruptcy Court, E.D. Virginia · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- Americredit Financial Services, Inc. v. Penrod (In Re Penrod)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
- In Re LookUnited States Bankruptcy Court, D. Maine · 2008
- Graupner v. Nuvell Credit Corp.Court of Appeals for the Eleventh Circuit · 2008
- In Re FordUnited States Bankruptcy Court, D. Kansas · 2008
8 more not listed; retrieve them via the Exa API.