Americredit Financial Services, Inc. v. Lanier (In Re Lanier)

ORDER

MARY D. FRANCE, Bankruptcy Judge.

AND NOW, for the reasons set forth in the accompanying Opinion, the Objection of Americredit Financial Service, Inc. to Debtor’s Motion to modify his chapter 13 plan is OVERRULED and Debtor’s Motion is GRANTED.

OPINION

The issue is this ease arises at the intersection of two provisions of 11 U.S.C. § 1325(a). Section 1325(a)(9*) provides that the procedures for bifurcating a claim into secured and unsecured portions under § 506(a) are not applicable to a claim secured by a vehicle purchased by the debtor within 910 days of filing bankruptcy. Under §…