United States Eighth Circuit

In a Chapter 13 bankruptcy case, a decision finding that debtors were permitted under 11 U.S.C. section 325(a)(5)(C) to surrender a car, financed by appellant, in full satisfaction of the debt, is reversed pursuant to the court's ruling in Capital One Auto Finance v. Osborn, ____ F.3d ___ (8th Cir. 2008).

Appellate Information

• Decided 02/05/2008
• Published 02/05/2008

Judges

• BENTON, Circuit Judge., Before WOLLMAN and BENTON, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen P. Hale, argued, Memphis, TN, Holly N. Knight, on the brief, Nashville, TN, for appellant., Joyce Bradley Babin, argued, Lonnie L. Grimes, on the brief, Little Rock, AR, for the Trustee.


• For Appellees:
  
• Stephen W. Parker, argued, Hot Springs, AR, Robert Patt Pine, on the brief, Pine Bluff, AR, for appellee.