Legal Opinion

Tidewater Finance Co. v. Kenney

Court of Appeals for the Fourth Circuit

Decided June 27, 2008No. 07-1664PublishedCited by 21 opinions

1Opinion of the Court

Vacated and remanded with instructions by published opinion. Senior Judge ROTH wrote the opinion, in which Judge KING and Judge DUNCAN joined.

OPINION

ROTH, Senior Circuit Judge:

I

This is a direct appeal by creditor Tidewater Finance Co. from the Bankruptcy Court’s final order confirming debtor Jennifer Kenney’s Chapter 13 bankruptcy plan. The narrow issue on appeal concerns a pure question of law and is a matter of first impression with this Court: Whether the “hanging paragraph” in 11 U.S.C. § 1325(a), added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA),…

2Cases cited14 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Dewsnup v. TimmSupreme Court of the United States · 1992
  4. Johnson v. Home State BankSupreme Court of the United States · 1991
  5. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In Re PriceCourt of Appeals for the Fourth Circuit · 2009
  2. Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
  3. DaimlerChrysler Financial Services Americas, LLC v. Miller (In Re Miller)Court of Appeals for the Fifth Circuit · 2009
  4. DaimlerChrysler Financial Services Americas LLC v. Barrett (In Re Barrett)Court of Appeals for the Eleventh Circuit · 2008
  5. In Re PruittUnited States Bankruptcy Court, D. Connecticut · 2009

16 more not listed; retrieve them via the Exa API.

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