The Court held that, due to the hanging paragraph of 11 U.S.C. § 1325(a)(5), a Chapter 13 debtor may surrender collateral in full satisfaction of a secured creditor's claim when: (i) the value of the collateral is less than the amount of the claim, (ii) the collateral is a vehicle purchased during the 910-day period pre-petition, (iii) the vehicle is for the debtor's personal use, and (iv) the creditor's interest is a purchase money security interest (a "910 vehicle"). Further, the Court held that if a debtor elects to retain a 910 vehicle under 11 U.S.C. § 1325(a)(5)(B), the debtor is required to pay the claim in full during the pendency of the plan because the hanging paragraph eliminates the mechanism (11 U.S.C. § 506(a)) of bifurcating a claim secured by collateral of a value less than the amount of the claim, and therefore, the claim is treated as a fully secured claim.
File:
Judge:
Date:
Friday, July 13, 2007
Category:
Classification of Claims
Unsecured Claim
Chapter:
13