United States Fifth Circuit

In a creditor's appeal from the confirmation of a Chapter 13 bankruptcy plan in which Debtors surrendered their vehicle in full satisfaction of their debt to Plaintiff, the confirmation is reversed where 11 U.S.C. section 1325(a)(9) does not prevent a creditor with a purchase money security interest in a "910 vehicle" from obtaining a state law deficiency judgment against a debtor for the portion of the debt not covered by the sale of the surrendered vehicle.

Appellate Information

• Decided 06/05/2009
• Published 06/05/2009

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stephen P. Hale (argued), Jacob Zweig, Hale, Dewey & Knight, Memphis, TX, for Appellant., Gerald James Breaux, Lake Charles, LA, for Joseph L. Miller, II and Shelley L. Miller., Hamilton Joseph Chauvin, Jr. (argued), Lafayette, LA, for Keith A. Rodriguez., Carey Dalton Ebert, Ebert Law Offices, Hurst, TX, for National Ass'n of Consumer Bankruptcy Attys., Amicus Curiae.