Legal Opinion
In Re Garner
United States Bankruptcy Court, D. Utah
Decided January 6, 2009No. 08-24899PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
WILLIAM T. THURMAN, Bankruptcy Judge.
The matter before the Court is Charles Brent Garner and Tracey Taylor Garner’s (the “Debtors”) request for confirmation of their amended chapter 13 plan (the “Plan”). Prior to the confirmation hearing, J. Vincent Cameron, the chapter 13 Trustee (the “Trustee”), filed an objection to the confirmation of the Plan on the ground that the it proposes to improperly treat the secured claim of Citizens Auto Finance (“Citizens”) in violation of 11 U.S.C. § 1325(a)(9)(*), 1 otherwise referred to as the “hanging paragraph.” 2 The Plan proposes to…
2Cases cited16 opinions
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Andersen v. UNIPAC-NEBHELP (In Re Andersen)Court of Appeals for the Tenth Circuit · 1999
- United States v. RichmanCourt of Appeals for the Tenth Circuit · 1997
- In Re WrightCourt of Appeals for the Seventh Circuit · 2007
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3Cited by2 opinions
- In Re CastleberryUnited States Bankruptcy Court, M.D. Georgia · 2010
- Ollie Beatrice FoleyUnited States Bankruptcy Court, E.D. Wisconsin · 2019