United States Eighth Circuit

The hanging paragraph in 11 U.S.C. section 1325 does not eliminate an under-secured creditor's deficiency claim when, in a Chapter 13 plan, debtors propose to surrender a car purchased within 910 days before filing for bankruptcy. The creditor is entitled to an unsecured deficiency claim if there is a right to a deficiency judgment under state law.

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:
  
• Cynthia M. Woolverton, Argued, Mindy D. Smith, on the Brief, St. Louis, MO, for Appellant.


• For Appellees:
  
• Vanessa C. Hayden, Argued, Raymore, MO, for Appellee.