Legal Opinion
Capital One Auto Finance v. Osborn
Court of Appeals for the Eighth Circuit
Decided February 5, 2008No. 07-1726PublishedCited by 35 opinions
1Opinion of the Court
BENTON, Circuit Judge.
Nathan L. and Catherine C. Osborn purchased a Chevrolet financed by Capital One. Capital One repossessed it three days before the Osborns filed for Chapter 13 bankruptcy. The Chapter 13 plan proposed that the surrender of the Chevrolet was in full satisfaction of the debt owed to Capital One. Capital One objected to confirmation of the plan, asserting a deficiency claim. The bankruptcy court ruled that the Osborns were permitted under 11 U.S.C. § 1325(a)(5)(C) to surrender the car in full satisfaction of the debt. The Bankruptcy Appellate Panel affirmed. In re Osborn,…
2Cases cited18 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
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
13 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Sells v. PorterCourt of Appeals for the Eighth Circuit · 2008
- In Re Western Iowa Limestone, Inc.Court of Appeals for the Eighth Circuit · 2008
- AMERICREDIT FINANCIAL SERVICES, INC. v. TompkinsCourt of Appeals for the Second Circuit · 2010
- Tidewater Finance Co. v. KenneyCourt of Appeals for the Fourth Circuit · 2008
- In Re BallardCourt of Appeals for the Tenth Circuit · 2008
30 more not listed; retrieve them via the Exa API.