United States Eleventh Circuit

In a bankruptcy case raising the issue of whether the anti-bifurcation provision in the hanging paragraph of Title 11 protects against "cramdown" of the negative equity in a trade-in vehicle, judgment finding creditor to have a purchase money security interest in the vehicle, precluding bifurcation and cramdown, is affirmed where a contrary interpretation was not supported by the text of the hanging paragraph or its legislative history.

Appellate Information

• Decided 08/06/2008
• Published 08/06/2008

Judges

• VINSON, District Judge:, Before TJOFLAT and MARCUS, Circuit Judges, and VINSON, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Brace W. Luquire, Columbus, GA, for Graupner., Marcus G. Keegan, Robert Scott Johnson, Franzen & Salzano, P.C., Norcross, GA, James J. White, Ann Arbor, MI, for Amici Curiae.


• For Appellees:
  
• Lisa Ritchey Craig, McCullough, Payne, Haan, LLC, Atlanta, GA, Barkley Clark, Katherine M. Sutcliffe, Washington, DC, for Defendant-Appellee.