In re McPhilamy

MEMORANDUM OPINION

GRANTING CONFIRMATION OF DEBTORS’ CHAPTER 13 PLAN & DENYING CHAPTER 13 TRUSTEE’S MOTION TO DISMISS

[Resolving ECF No. 23, 21]

Eduardo V. Rodriguez, United States Bankruptcy Judge

I. INTRODUCTION

Congress’s enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) — specifically the hanging paragraph of 11 U.S.C. § 1325(a) (the “hanging paragraph”)— creates two exceptions that limit a debtor’s right to cramdown certain claims in a chapter 13 plan. Often, it falls to the courts to determine if a particular claim falls within either of the hanging…