Santander Consumer USA, Inc. v. Phillip Jefferson Brown

BUCKLEW, District Judge:

Santander Consumer USA, Inc., as as-signee of Thor Credit Corp. (“Santander”) appeals the district court’s affirmance of the bankruptcy court’s order overruling Santander’s objection to the confirmation of Phillip Jefferson Brown’s plan under Chapter 13 of the United States Bankruptcy Code, which proposed that Brown surrender his vehicle under 11 U.S.C. § 1325(a)(5)(C) to satisfy Santander’s claim. The bankruptcy court held 11 U.S.C. § 506(a)(1) and (a)(2) determined the vehicle’s value and hence the amount of Santander’s secured claim, which would be satisfied by…