United States Bankruptcy Appellate Panel for the Ninth Circuit August 28, 2007, BAP No. WW-07-1046-MoDJ, Bankruptcy No. 06-41999 (Wells Fargo Financial Acceptance v. Rodriguez (In Re Rodriguez))

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United States · · · 28-08-2007

OPINION

MONTALI, Bankruptcy Judge.

A chapter 13 debtor purchased a vehicle for her personal use with financing obtained within 910 days of her petition date. Debtor filed a plan providing for surrender of the vehicle in full satisfaction of the secured claim, relying on the infamous “hanging paragraph” following 11 U.S.C. § 1325(a)(9),

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and objected to the creditor’s claim.

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