Legal Opinion

Price v. Delaware State Police Federal Credit Union

Court of Appeals for the Third Circuit

Decided June 3, 2004No. 03-2084PublishedCited by 4 opinions

1Opinion of the Court

RENDELL, Circuit Judge.

The Prices are chapter 7 debtors who wanted to use their automobiles while remaining current on their monthly auto loan payments. The lienholder, Delaware State Police Federal Credit Union (“Credit Union”), convinced the Bankruptcy Court and the District Court that section 521(2)(A) of the Bankruptcy Code does not permit the Prices to continue possessing the cars simply by paying their bills, but instead allows the Prices only four options: surrender the cars, purchase them in a lump-sum payment, negotiate another loan that would attach postpetition liability, or claim…

2Cases cited38 opinions

  1. Spencer v. KemnaSupreme Court of the United States · 1998
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  4. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  5. Honig v. DoeSupreme Court of the United States · 1988

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3Cited by4 opinions

  1. In Re: Michael B. Price Christine R. Price, Debtors Michael B. Price Christine R. Price v. Delaware State Police Federal Credit Union U.S. Trustee, TrusteeCourt of Appeals for the Third Circuit · 2004
  2. Citifinancial Auto Corp. v. Price (In Re Price)United States Bankruptcy Court, M.D. Pennsylvania · 2007
  3. Sexton v. Warden, Marion Correctional InstitutionDistrict Court, S.D. Ohio · 2021
  4. The Maxus Liquidating Trust v. YPF S.A.United States Bankruptcy Court, D. Delaware · 2021

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