Legal Opinion
In re Fayson
United States Bankruptcy Court, D. Delaware
Decided July 13, 2017No. Case No. 16-10013 (BLS)PublishedCited by 8 opinions
1Opinion of the Court
OPINION1
Brendan Linehan Shannon, Chief United States Bankruptcy Judge
Ms. Tabitha Fayson bought a used Mercedes on credit and subsequently filed a petition under Chapter 13. The Court confirmed Ms. Fayson’s Chapter 13 plan that allowed her to keep the Mercedes in exchange for paying the full debt. Ms. Fay-son, frustrated with mechanical issues and an allegedly undelivered warranty, now seeks to surrender the Mercedes to her secured creditor and to treat any deficiency as an unsecured claim. This presents a novel question in this District: may a debtor modify, under § 1329, a confirmed Chapter…
2Cases cited15 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In Re: Sahnica Denise Nolan, Debtor. Chrysler Financial Corporation v. Sahnica Denise NolanCourt of Appeals for the Sixth Circuit · 2000
- American General Finance, Inc. v. Paschen (In Re Paschen)Court of Appeals for the Eleventh Circuit · 2002
- In Re ZiederUnited States Bankruptcy Court, D. Arizona · 2001
- Bank One, NA v. Leuellen (In Re Leuellen)District Court, S.D. Indiana · 2005
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3Cited by8 opinions
- In re: David Mrdutt and Christina MrduttUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
- In re SmithUnited States Bankruptcy Court, S.D. Texas · 2019
- In re ToliverUnited States Bankruptcy Court, E.D. Wisconsin · 2019
- Alan R. Burnsed and Beverly Amber BurnsedUnited States Bankruptcy Court, S.D. Georgia · 2021
- In re: Mike G. Carter and Nichole CarterUnited States Bankruptcy Court, D. Utah · 2025
3 more not listed; retrieve them via the Exa API.