Legal Opinion
General Motors Acceptance Corporation v. Alphonso Jones, Debtor, Robert M. Wood, Trustee
Court of Appeals for the Third Circuit
Decided July 20, 1993No. 92-5351PublishedCited by 95 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
These chapter 13 bankruptcy cases require us to determine the rate of interest which will assure that a,secured creditor receives payments under a chapter 13 plan having a present value equal to the value of its allowed secured claim, as required by 11 U.S.C. § 1325(a)(5)(B)(ii). This is a question of first impression in this Circuit. We hold that the rate of interest under § 1325(a)(5)(B)(ii) is that which the secured creditor would charge, at the effective date of the plan, for a loan similar in character, amount and duration to the credit which…
2Cases cited17 opinions
- Meridian Bank v. Eugene Alten, Marlene Alten, and Thomas J. Subranni, Trustee Eugene and Marlene AltenCourt of Appeals for the Third Circuit · 1992
- Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
- In the Matter of Southern States Motor Inns, Inc., Debtor. United States of America v. Southern States Motor Inns, Inc.Court of Appeals for the Eleventh Circuit · 1983
- United States v. Neal Pharmacal CompanyCourt of Appeals for the Eighth Circuit · 1986
- First National Fidelity Corp. v. Ruth Perry, Robert M. Wood, TrusteeCourt of Appeals for the First Circuit · 1991
12 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- In Re FowlerUnited States Bankruptcy Court, D. Delaware · 2006
- In Re Cellular Information Systems, Inc.United States Bankruptcy Court, S.D. New York · 1994
- Green Tree Financial Servicing Corp. v. SmithwickCourt of Appeals for the Fifth Circuit · 1997
- In Re River Village AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1993
- In the Matter of Elray and Jean Rash, Debtor. Associates Commercial Corporation v. Elray Rash and Jean E. RashCourt of Appeals for the Fifth Circuit · 1996
90 more not listed; retrieve them via the Exa API.