Legal Opinion
In Re Fleming
United States Bankruptcy Court, E.D. Missouri
Decided March 27, 2006No. 12-50982PublishedCited by 41 opinions
1Opinion of the Court
OPINION DETERMINING APPLICABLE RATE OF INTEREST ON CLAIMS SECURED BY VEHICLES PURCHASED FOR PERSONAL USE WITHIN 910 DAYS OF BANKRUPTCY FILING
BARRY S. SCHERMER, Chief Judge.
The issue before the Court is the applicable rate of interest to be paid pursuant to a Chapter 13 plan to the holder of a claim secured by a vehicle purchased for personal use within 910 days prior to the bankruptcy filing. The issue has been raised in each of the above-referenced cases. The secured creditors argue that the applicable interest rate should be the rate set forth in the contract covering the financing of the…
2Cases cited8 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- In Re DeSardiUnited States Bankruptcy Court, S.D. Texas · 2006
- In Re MontoyaUnited States Bankruptcy Court, D. Utah · 2006
- Shaw v. Aurgroup Financial Credit UnionCourt of Appeals for the Sixth Circuit · 2009
- Trejos v. VW Credit, Inc. (In Re Trejos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Capital One Auto Finance v. OsbornCourt of Appeals for the Eighth Circuit · 2008
36 more not listed; retrieve them via the Exa API.