Legal Opinion
Ford Motor Credit v. Sanders (In Re Sanders)
District Court, W.D. Texas
Decided March 30, 2009No. 5:07-cv-01013PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
XAVIER RODRIGUEZ, District Judge.
Before the Court is Ford Motor Credit’s (“FMC” or “Appellant”) appeal from the Bankruptcy Court’s order denying FMC’s objection to confirmation of the Debtors’ Amended Chapter 13 Plan. The primary issue in this appeal is whether the Bankruptcy Court erred in concluding that FMC’s financing of the Debtors’ “negative equity” in them trade-in vehicle rendered the “hanging paragraph” codified at 11 U.S.C. § 1325(a) inapplicable to FMC’s secured claim in the Debtors’ vehicle, such that the claim could be bifurcated under § 506(a).…
2Cases cited15 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
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re PriceCourt of Appeals for the Fourth Circuit · 2009
- Ford Motor Credit Co. v. Dale (In Re Dale)Court of Appeals for the Fifth Circuit · 2009
- Nuvell Credit Corp. v. WestfallCourt of Appeals for the Sixth Circuit · 2010
- In Re WhippleUnited States Bankruptcy Court, C.D. Illinois · 2009
- In Re HowardUnited States Bankruptcy Court, N.D. Illinois · 2009
8 more not listed; retrieve them via the Exa API.