DaimlerChrysler Financial Services Americas, LLC v. Jones (In re Jones), 2010 U.S. App. LEXIS 546 (4th Cir. Jan. 11, 2010) – Ride Through Option Eliminated by BAPCPA, creditor therefore has right to repossess vehicle because debtor failed to timely redeem the vehicle or reaffirm the contract. Read full decision.

In re Bateman, 515 F.3d 272 (4th Cir. 2008) – Debtor is not precluded from filing in good faith a chapter 13 case even if ineligible for a discharge under section 1328(f). Read full decision.

Tidewater Finance Company v. Kenney (In re Kenney), 531 F.3d 312 (4th Cir. 2008) – creditor has unsecured claim for any deficiency balance remaining after sale of surrendered 910 vehicle. Read full decision.

Wells Fargo Fin. Acceptance v. Price (In re Price), 562 F.3d 618 (4th Cir. 2009) – PMSI to be defined under state law and negative equity does create a purchase money obligation for purposes of the hanging paragraph. Read full decision.

In re Kenney, No. 07-1664 (Bankr. Case No. 06-71975-DHA) - The Court of Appeals for 4th Circuit holds the hanging paragraph does not prevent a creditor with a PMSI in a 910 vehicle from claiming an unsecured claim for the portion of the debt not covered by the sale of such vehicle following surrender of the vehicle to the creditor by a chapter 13 debtor pursuant to section 1325(a)(5)(C). Read full decision.

In re Parson, Ch. 7 Case No. 01-73786 (Nov. 6, 2007) (creditor's motion to reopen denied based on trustee’s abandonment of lien avoidance action which precluded its administration). Read full decision.

In re Loy, Ch. 15 Case No. 07-51040 (Dec. 18, 2007) (petition for recognition of foreign proceeding granted, allowing foreign representative to file lis pendens in local state court). Read full decision.

In re Abbas, Ch. 13 Case No. 07-71828 (Dec. 20, 2007) (plan confirmation denied for lack of good faith, based upon debtor’s failure to disclose interest in foreign asset in prior chapter 7 case). Read full decision.

In re Pajot, et al., Judge Tice ruled that “negative equity”, which is the remainder balance due on a trade-in vehicle capitalized as part of a subsequent purchase money loan for a new vehicle, to be used for personal use, cannot be treated as part of the creditor’s purchase money lien interest. The portion of the obligation considered as “negative equity” is to be bifurcated out pursuant to section 506, and is not governed by the hanging paragraph of section 1325(a)(5). Read full decision.

In re Griffiths, 2007 WL 1309049 (Bankr. E.D. Va. May 3, 2007) - Bankruptcy Court sustained Debtor's objection to lender's proof of claim after confirmation of plan which provided for full satisfaction of claim upon surrender of vehicle. Read full decision.

Combined Decision, In re Kenney, Case No. 06-71975-DHA (Bankr. E.D. Va. May 10, 2007) and In re Byrum, Case No. 07-70359-DHA (Bankr. E.D. Va. May 10, 2007) - Surrender of collateral that is the security of a 910 claim may be considered full satisfaction of claim. Read full decision.

In re Lorenz, 2007 WL 1189608 (Bankr. E.D. Va. April 19, 2007) - The hanging paragraph contained in section 1325 does not allow bifurcation of a secured vehicle claim; "material and significant intent" is the standard for determining personal use for purposes of the hanging paragraph contained in section 1325. Read full decision.

In re Phillips, 2007 WL 706834 (Bankr. E.D. Va. March 8, 2007) - The personal use requirement contained in the hanging paragraph of section 1325 includes any use that cannot be classified as a business venture; such claims are subject to Till interest requirements. Read full decision.

In re Jeffries, 356 B.R. 661 (Bankr. E.D. Va. 2006) - A trustee seeking revocation of discharge based upon a debtor's refusal to comply with a lawful court order must show that the debtor acted willfully and intentionally in failing to comply with turnover and administrative orders. Read full decision.