In re: Howard

Federal 7th Circuit Court
Civil Court
Bankruptcy
Citation
Case Number: 
No. 09-3181
Decision Date: 
March 1, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Bankruptcy Judge did not err in finding in instant Chapter 13 proceeding that exception to Bankruptcy Ct.’s cramdown authority found under 11 USC section 1325(a) applied to preclude use of said authority to creditor’s purchase money security interest in debtor’s car where said interest was incurred within 910 days prior to filing of instant bankruptcy proceeding. Moreover, Bankruptcy Judge did not err in finding that creditor’s purchase money security interest included not only difference between purchase price of new car and debtor’s down payment, but also negative equity generated when creditor financed and secured difference between amount that debtor still owed on traded-in car and agreed upon value of debtor’s traded-in car.