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Legal Opinion

In re Ware

United States Bankruptcy Court, N.D. Illinois

Decided July 17, 2015No. Case No. 15bk03414PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION

TIMOTHY A. BARNES, Judge.

The matter before the court arises out of the Objection of Santander Consumer USA Inc. to Confirmation of Debtor’s Proposed Chapter 13 Plan (the “Objection”), filed by Santander Consumer USA Inc. (“Santander”), objecting to the chapter 13 plan of Mesha E. Ware (the “Debtor”). The Debtor asserts that surrender of a vehicle under section 1325(a)(5)(C) does not require her to physically deliver that vehicle when she is incapable of doing so through no fault of her own. Santander conversely argues that if the Debtor is unable to tender physical…

2Cases cited33 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Stern v. MarshallSupreme Court of the United States · 2011
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Perrin v. United StatesSupreme Court of the United States · 1979

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3Cited by7 opinions

  1. HSBC Bank USA, N.A. v. ZairDistrict Court, E.D. New York · 2016
  2. MWRD Employees' Credit Union v. Frazier (In re Frazier)United States Bankruptcy Court, N.D. Illinois · 2016
  3. Central Bank & Trust Co. v. Mustafa (In re Mustafa)United States Bankruptcy Court, E.D. Kentucky · 2016
  4. In Re: Tony R. Jones v. City of Chicago, IllinoisUnited States Bankruptcy Court, N.D. Illinois · 2024
  5. In re: Willie J Jones and Peggy A Rodger-JonesUnited States Bankruptcy Court, N.D. Illinois · 2026

2 more not listed; retrieve them via the Exa API.

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