United States Tenth Circuit

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In re: Ballard, 07-5109, 07-5112

In bankruptcy proceedings involving circumstances in which debtors surrendered vehicles purchased less than 910 days before bankruptcy in full satisfaction of creditor's claim, confirmation of debtors' plans is reversed and remanded where: 1) by choosing to surrender a 910 vehicle under section 1325(a)(5)(C), a debtor satisfies the requirements for plan confirmation under section 1325(a)(5) with respect to that secured claim; 2) whether a creditor may bring an unsecured claim to recover a deficiency after sale of the vehicle depends on the underlying contract and state law; and 3) in the case at hand, Oklahoma law allowed creditor to pursue such claims.

Appellate Information

  • Decided 05/19/2008
  • Published 05/19/2008

Judges

Court

  • United States Tenth Circuit

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