The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
Hanging Paragraph, Cars for Non-Personal Use, and PMSI
Print This Article
Link to Post:
By Gretchen Holland, Standing Chapter 13 Trustee for the Greenville/Spartanburg Division of South Carolina
The hanging paragraph of § 1325(a)(9) prevents bifurcation of a PMSI claim if the collateral securing it was purchased within certain time periods prepetition. A 910-day limitation applies to motor vehicles acquired for the debtor’s personal use. A one-year limitation applies to all other PMSI collateral, including a vehicle purchased for non-personal use. In re Sandifer, 603 B.R. 648 (Bankr. M.D. Ga. July 17, 2019)
Background
Debtor and . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Rules, Means-Test Amounts and Miscellaneous Fees: Changes Wrap Up 2020
Tips and Traps: Issuing A Subpoena for Bank Records
Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania
ABI Commission on Consumer Bankruptcy – What Does It Mean to Surrender?
From the Editor – Lien Issues
Bifurcated Fees Under Examination
Critical Case Comment – What About a Zero Value Junior Lien?
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2 of 3
Critical Case Comment – Although a Mess, Month-to-Month Lease Assumed
Small Business Reorganization Postscript 2