United States Fifth Circuit

In an appeal from the district court's reversal of a bankruptcy court's order holding that a creditor did not have a purchase-money security interest in the debtor's auto sale contract, the district court's order is affirmed where the purchase-money security interest exception contained in the hanging paragraph of 11 U.S.C. section 1325(a) applied to those portions of a claim attributable to the payoff of negative equity in a trade-in vehicle, gap insurance, and an extended warranty.

Appellate Information

• Decided 09/09/2009
• Published 09/09/2009

Judges

• HAYNES, Circuit Judge:, Before JONES, Chief Judge, and PRADO and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Reese Walker Baker (argued), Baker & Associates, Houston, TX, for Appellant., Earl Ferdinand Sundmaker, III, Douglas L. Grundmeyer, Jonathan C. McCall, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Amici Curiae.


• For Appellees:
  
• William M. Burke (argued), Costa Mesa, CA, R. Christopher Naylor, Devlin, Naylor & Turbyfill, Houston, TX, for Appellee.