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…
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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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Tags: 10th Circuit, 1325, 506, 910 car claim, Ballard, Bankruptcy Appellate Panel, BAP, chapter 13 bankruptcy, Citifinancial Auto, discount rate, Hernandez-Simpson, interest, Jones, Judge Berger, Judge Karlin, Judge Robinson, Judge Somers, Kinsey, McClay, Thomas, Vega, Wampler, Wilson