Legal Opinion
In Re Lewis Kidd and Roberta Kidd, Debtors. Household Automotive Finance Corporation v. Beverly Burden, Trustee
Court of Appeals for the Sixth Circuit
Decided January 8, 2003No. 01-5074PublishedCited by 18 opinions
1Opinion of the CourtDaughtrey, J., joined by Moore, J.,
SIMPSON, D.J. (pp. 678-80), delivered a separate opinion concurring in part and dissenting in part.
OPINION
DAUGHTREY, Circuit Judge.
In this bankruptcy appeal, we are asked to review the bankruptcy court’s calculation of the appropriate interest rate to be applied in a “cram down” provision in the debtors’ Chapter 13 plan. The decision requires interpretation of language in the controlling case of Memphis Bank & Trust Co. v. Whitman, 692 F.2d 427 (6th Cir.1982). There we adopted what has since become known as the “coerced loan” formulation in the application of 11 U.S.C. § 1325(a)(5)(B), which…
2Cases cited9 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
- In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
- General Motors Acceptance Corporation v. Alphonso Jones, Debtor, Robert M. Wood, TrusteeCourt of Appeals for the Third Circuit · 1993
- United States v. Harlan Arnold and Dorene ArnoldCourt of Appeals for the Sixth Circuit · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Steier v. BestCourt of Appeals for the Sixth Circuit · 2004
- In Re: American Homepatient, Inc., Debtor. Bank of Montreal, Appellants/cross-Appellees v. Official Committee of Unsecured Creditors, Appellees/cross-AppellantsCourt of Appeals for the Sixth Circuit · 2005
- General Electric Credit Equities, Inc. v. Brice Road Developments, L.L.C. (In Re Brice Road Developments, L.L.C.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- In Re American HomePatient, Inc.United States Bankruptcy Court, M.D. Tennessee · 2003
- Wells Fargo Bank Northwest, N.A. v. Yett (In Re Yett)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
13 more not listed; retrieve them via the Exa API.