In Re Rowe
United States Bankruptcy Court, D. Kansas
1Opinion of the Court
MEMORANDUM AND ORDER DENYING MOTION OF FIRST NATIONAL BANK OF KANSAS TO COMPEL TURNOVER OF VEHICLE
DALE L. SOMERS, Bankruptcy Judge.
The issue before the Court is whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (hereafter “BAPCPA”) eliminated the “fourth option,” an alternative to reaffirmation or redemption available before BAPCPA in the Tenth Circuit for secured debts in Chapter 7 cases. The “fourth option,” also called “ride through,” allows a Chapter 7 debtor who is not in default and continues to make payments in accord with the loan agreement to retain…
2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In Re DonaldUnited States Bankruptcy Court, E.D. North Carolina · 2006
- In Re SteinhausUnited States Bankruptcy Court, D. Idaho · 2006
- In Re AndersonUnited States Bankruptcy Court, D. Delaware · 2006
- In Re BakerUnited States Bankruptcy Court, D. Delaware · 2008
- Dumont v. Ford Motor Credit Co. (In Re Dumont)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
24 more not listed; retrieve them via the Exa API.