Legal Opinion
Graupner v. Nuvell Credit Corp.
Court of Appeals for the Eleventh Circuit
Decided August 6, 2008No. 07-13657PublishedCited by 14 opinions
1Opinion of the Court
VINSON, District Judge:
This case involves interpretation and application of the so-called “hanging paragraph” in Title 11, United States Code, Section 1325(a)(9), which was added to the Bankruptcy Code (“the Code”) by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. See Pub.L. No. 109-8, 119 Stat. 23 (2005) (“BAPC-PA”).1 Specifically, we are called upon to decide if the anti-bifurcation provision in the hanging paragraph protects against “cramdown” of the negative equity in a trade-in vehicle. This issue has been confronted by a number of bankruptcy and district courts…
2Cases cited38 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re ChapmanSupreme Court of the United States · 1897
- General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
- In Re CarverUnited States Bankruptcy Court, S.D. Georgia · 2006
33 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- Americredit Financial Services, Inc. v. PenrodCourt of Appeals for the Ninth Circuit · 2010
- DaimlerChrysler Financial Services Americas LLC v. Barrett (In Re Barrett)Court of Appeals for the Eleventh Circuit · 2008
- Ford Motor Credit Co. v. Mierkowski (In Re Mierkowski)Court of Appeals for the Eighth Circuit · 2009
- AmeriCredit Financial Services, Inc. v. Padgett (In Re Padgett)Bankruptcy Appellate Panel of the Tenth Circuit · 2009
9 more not listed; retrieve them via the Exa API.