Legal Opinion
In Re Crawford
United States Bankruptcy Court, E.D. Wisconsin
Decided October 28, 2008No. 08-28338PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION ON OBJECTION TO CONFIRMATION
SUSAN V. KELLEY, Bankruptcy Judge.
This case involves the now well-known “hanging paragraph” of 11 U.S.C. § 1325(a) and its application to the “negative equity” included in the financing of a vehicle which would otherwise qualify for the protection of the hanging paragraph. One of the most hotly contested issues created by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, this question has sharply divided the courts with many well-reasoned, persuasive decisions on both sides. Dozens of Bankruptcy Courts, 1 a few District Courts…
2Cases cited26 opinions
- In Re WrightCourt of Appeals for the Seventh Circuit · 2007
- Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985
- In Re GraupnerCourt of Appeals for the Eleventh Circuit · 2008
- General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
- Coomer v. Barclays American Financial, Inc. (In Re Coomer)United States Bankruptcy Court, E.D. Tennessee · 1980
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3Cited by4 opinions
- Ford Motor Credit Co. v. Dale (In Re Dale)Court of Appeals for the Fifth Circuit · 2009
- In Re WhippleUnited States Bankruptcy Court, C.D. Illinois · 2009
- In Re MoreyUnited States Bankruptcy Court, E.D. Wisconsin · 2009
- In Re WhiteUnited States Bankruptcy Court, S.D. Indiana · 2009