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Creditor Gets Deficiency Claim After Collateral Surrender

Posted on January 16, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

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.

Tags: 10th Circuit, 1325(a)(9), 1329, 910 car claim, Ballard, BAP, deficiency, Jones, Judge Berger, Judge Somers, McClay, Quick, Rule, surrender in full satisfaction

910 Car Claims Get Interest

Posted on January 15, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

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…

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