Wells Fargo Financial Acceptance v. Rodriguez (In Re Rodriguez)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
A chapter 13 debtor purchased a vehicle for her personal use with financing obtained within 910 days of her petition date. Debtor filed a plan providing for surrender of the vehicle in full satisfaction of the secured claim, relying on the infamous “hanging paragraph” following 11 U.S.C. § 1325(a)(9), 2 and objected to the creditor’s claim. Applying the hanging paragraph, the bankruptcy court concluded that the debtor’s proposed surrender extinguished the creditor’s deficiency claim. The court disallowed the creditor’s claim and overruled the creditor’s…
2Cases cited39 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Mills v. GreenSupreme Court of the United States · 1895
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- In Re Acequia, Inc., Debtor. Acequia, Inc. v. Vernon B. ClintonCourt of Appeals for the Ninth Circuit · 1986
- In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
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3Cited by32 opinions
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- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- Capital One Auto Finance v. OsbornCourt of Appeals for the Eighth Circuit · 2008
- AMERICREDIT FINANCIAL SERVICES, INC. v. TompkinsCourt of Appeals for the Second Circuit · 2010
- DaimlerChrysler Financial Services Americas, LLC v. Miller (In Re Miller)Court of Appeals for the Fifth Circuit · 2009
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