United States Fifth Circuit

An order amending and confirming debtors' Chapter 13 bankruptcy plan, which provided for interest on appellant-creditor's secured claim on their pickup truck at a "prime-plus" interest rate, is affirmed where: 1) Congress did not supercede Till v. SCS Credit Corp., 124 S. Ct. 1951 (2004), when it passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA); 2) the Till plurality's adoption of the prime-plus interest rate approach is binding precedent in cases presenting an essentially indistinguishable factual scenario; and 3) thus, the bankruptcy court properly rejected creditor's objections to the interest rate.

Appellate Information

• Decided 03/12/2008
• Published 03/13/2008

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Vincent P. Slusher, James Seth Moore (argued), Beirne, Maynard & Parsons, Dallas, TX, for Appellant.


• For Appellees:
  
• William Henry Lively, Jr. (argued), Tyler, TX, for Appellees.