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Bankruptcy

: The Debt Podcast

Fourth Circuit Rules That The ?Hanging Paragraph? Protects Negative Equity

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Today, the Fourt Circuit Court of Appeals (Virginia, West Virginia, North Carolina, South Carolina, Maryland) ruled that the “hanging paragraph” of Section 1325 of the Bankruptcy Code protects negative equity financing in motor vehicles. Negative equity financing is when you trade in your vehicle but you owe more on the vehicle than the dealer will give [...]

Full post as published by The Debt Podcast on April 14, 2009 (boomark / email).

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4th Circuit Issues Pro-Creditor Ruling On Bankruptcy Code's Elusive "Hanging Paragraph"

"We hold that the hanging paragraph does not operate to deprive such undersecured '910 creditors' of their deficiency claims because the parties are bound to their contractual rights and obligations under operative state law"

Should the portion of an automobile retail instalment sale obligation attributable to a trade-in vehicle's 'negative equity' be considered part of the purchase-money security interest arising from the sale of a vehicle

The Role of Recourse in Foreclosures

11th Cir. - Secured Creditor May Still Pursue Deficiency After Surrender of "910 Vehicle"

"This case presents the question whether the hanging paragraph eliminates an under-secured creditor's deficiency claim when, in a Chapter 13 plan, the debtors propose to surrender a car purchased within 910 days before filing for bankruptcy."









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