Legal Opinion
In re Sandifer
United States Bankruptcy Court, M.D. Georgia
Decided July 17, 2019No. Case No. 18-40959-JTLPublishedCited by 1 opinion
1Opinion of the Court
John T. Laney, III, United States Bankruptcy Judge
This matter came before the Court after Creditor Capital Asset Recovery, dba, CRS, LLC. ("CRS") filed an objection to the Debtors' proposed Chapter 13 plan. Specifically, CRS objected to the Debtors' cram-down of its secured claim. This raises the issue of whether the undesignated paragraph following 11 U.S.C. § 1325(a)(9), often referred to as "the hanging paragraph,"1 prohibits the Debtors from bifurcating CRS's claim and reducing the secured claim paid through the Chapter 13 plan to the value of the collateral.
The Court held a hearing at…
2Cases cited11 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
- Husky International Electronics, Inc. v. RitzSupreme Court of the United States · 2016
- Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.Court of Appeals for the Eleventh Circuit · 2017
- Richard M. Villarreal v. R.J. Reynolds Tobacco CompanyCourt of Appeals for the Eleventh Circuit · 2016
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3Cited by1 opinion
- Alan R. Burnsed and Beverly Amber BurnsedUnited States Bankruptcy Court, S.D. Georgia · 2021