Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: bifurcation

Hanging Paragraph Of §1325 Again; Tenth Circuit BAP Follows “Majority,” Holds That Surrender Of “910 Vehicle” Constitutes Full Satisfaction Of Claim

By Posted in Miscellaneous Cases
On July 5, 2007, the Seventh Circuit held that the "hanging paragraph" of 11 U.S.C. §1325 meant that the secured creditor may assert a deficiency claim after the surrender and liquidation of a "910 vehicle."  This is generally known as the minority position (and the one followed in the ND Ga). See this post for… Continue Reading

Hanging Paragraph Of §1325 Again; Tenth Circuit BAP Follows “Majority,” Holds That Surrender Of “910 Vehicle” Constitutes Full Satisfaction Of Claim

By Scott Riddle Posted in Miscellaneous Cases
On July 5, 2007, the Seventh Circuit held that the "hanging paragraph" of 11 U.S.C. §1325 meant that the secured creditor may assert a deficiency claim after the surrender and liquidation of a "910 vehicle."  This is generally known as the minority position (and the one followed in the ND Ga). See this post for… Continue Reading

MD Ga – Vehicle Driven Primarily By Debtor’s Spouse Was Not “Aquired For Personal Use of Debtor,” And Hanging Paragraph Of §1325(a) Did Not Protect Creditor

By Posted in Middle District Cases
By: Scott B. Riddle, Esq. In In re Adams, Ch. 13 Case No. 06-51651, 2007 Bankr. LEXIS 616 (Bankr. M.D. Ga. March 1, 2007)(Hershner), the debtor husband purchased a new vehicle within 910 days of the filing of his Chapter 13 petition.  In his plan, Debtor proposed to bifurcate the secured lender’s claim into secured… Continue Reading

MD Ga – Vehicle Driven Primarily By Debtor’s Spouse Was Not “Aquired For Personal Use of Debtor,” And Hanging Paragraph Of §1325(a) Did Not Protect Creditor

By Scott Riddle Posted in Middle District Cases
By: Scott B. Riddle, Esq. In In re Adams, Ch. 13 Case No. 06-51651, 2007 Bankr. LEXIS 616 (Bankr. M.D. Ga. March 1, 2007)(Hershner), the debtor husband purchased a new vehicle within 910 days of the filing of his Chapter 13 petition.  In his plan, Debtor proposed to bifurcate the secured lender’s claim into secured… Continue Reading