Legal Opinion
In Re Estrada
United States Bankruptcy Court, M.D. Florida
Decided May 23, 2008No. 06-07011-8W3PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER SUSTAINING OBJECTION BY MACDILL FEDERAL CREDIT UNION TO CONFIRMATION OF CHAPTER 13 PLAN FILED BY THEDEBTOR(S)
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
The debtors in this case purchased a motor vehicle for their personal use less than 910 days prior to filing for bankruptcy relief. In their amended chapter 13 plan, the debtors propose to surrender their vehicle in full satisfaction of the creditor’s claim, relying on the line of cases holding that the unnumbered hanging paragraph in section 1325(a) of the Bankruptcy Code eliminates section 506 bifurcation in all 910…
2Cases cited29 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
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3Cited by2 opinions
- Rodriguez v. Countrywide Home Loans, Inc. (In Re Rodriguez)United States Bankruptcy Court, S.D. Texas · 2009
- In Re VelezUnited States Bankruptcy Court, S.D. New York · 2010