Critical Case Comment – Graupner v. Nuvell Credit Corporation, 537 F.3d 1295 (11th Cir. 2008)

Graupner v. Nuvell Credit Corporation, 537 F.3d 1295 (11th Cir. 2008)

“Negative equity” is part of the “purchase price” of a 910 automobile and its existence does not remove the claim from the protection of the “hanging paragraph.”

Summary of the Case

In June of 2005, the debtor purchased a Chevorlet Silverado with a “cash price” of $32,919.12. As part of the transaction, the debtor traded in a 2002 Silverado encumbered with a debt . . .

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