NEGATIVE EQUITY ISSUE NOT RULED UPON IN 1327 CASE In re Kuhasz, Case No. 07-20282 November 2008, Judge Somers Court noted split within the district. Judge Karlin excluded negative equity from PMSI claim in In re Padgett, 389 BR 203, while Judge Nugent included it. In re Ford 387 BR 14827 but declined to rule…
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Tag Archive: 910 car claim
What Is Business Use of Vehicle?
BUSINESS USE MUST BE “SIGNIFICANT” TO ESCAPE 910 FULL PAYMENT In re Wilson, Case No. 06-40637 December 2006, Judge Karlin Debtor sought to avoid the full payment requirement of the 910 car loan provision. Debtors were using the vehicles in question for personal and business use, as they served as foster parents. The court followed…
Creditor Gets Deficiency Claim After Collateral Surrender
10th CIRCUIT ‘RULES’ In re Rule, Case No. 06-22145 July, 2008, Judge Berger Judge Berger followed In re Ballard 526 F. 3d 634 (10th Cir. 2008), in finding that a 910 car loan may have a deficiency balance after sale of the vehicle.
Cramdown of Daughter’s Car Bad Faith
CAR OWNED BY CHILD CAN BE CRAMMED DOWN BUT NOT GOOD FAITH In re Lewis, Case No. 06-20027 August 2006, Judge Somers The vehicle the debtors proposed to cramdown in the plan was found to belong to the daughter, even though titled to debtors. Daughter made the payments. However, the Court found that the plan…
910 Car Claims Get Interest
SURRENDER IN FULL SATISFACTION OF 910 AND PAYMENT IN FULL WITH NOT INTEREST NOT ALLOWED In re McClay, Case No. 07-20106 October 2008, Judge Berger 910 vehicle case. Plan provided for payment of full debt with no interest and option to surrender in full satisfaction. This was found to be an attempt to modify prospectively…
What Is Personal Use of Vehicle for 910 Claim?
PERSONAL VS. BUSINESS USE FOR 910 CAR CLAIMS In re Lowder, Case No. 05-44802 August 2006, Judge Karlin Creditor objected to confirmation as debtor sought to avoid the 910 car loan restriction by arguing that she used the car to get to and from work and, therefore, not “personal”. Debtor contended that Toyota is entitled…
GAP Insurance Not In Car Lender's PMSI
GAP insurance, service contracts, administrative fees and the traded-in car payoff are not part of a car lender’s purchase-money secured claim in chapter 13 bankruptcy and can be crammed-down if the car is worth less than the loan balance, Judge Janice Miller Karlin ruled this week in In Re Miller, Case No. 08-40935, (Bankr. D.Kan….
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