Hanging Paragraph, Cars for Non-Personal Use, and PMSI

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:

No Author Biography has been linked to this Article.

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

Lawrence R. Ahern, III

January 30, 2022

Background A recent Chapter 7 case out of the Bankruptcy Court for the Southern District of California, In re Rhodes,1 addresses reaffirmation in a context that is very significant and should be of interest to all debtor's attorneys. It points out that the "ride-through" of a debtor's secured debt in Chapter 7—which Congress tried to eliminate in 2005—still exists. In...

Members

Passing of Wichita Attorney

The Academy

November 19, 2023

It is with sadness that we report the passing of William (“Bill”) Schantz formerly of the Office of UST.

Bankruptcy Conversion and Exemption Objection Deadlines

Hale Andrew Antico

December 17, 2023

Does a converted bankruptcy case restart the deadline for objections to exemptions? This is one of those articles that makes subscription to ConsiderChapter13.org “worth the price of admission”!

Members

Character Counts

Merideth Akers

November 6, 2022

“Does wearing these horizontal stripes make me look fat?” My wife, Becky, tells me that clothes with horizontal stripes make one look broad or fat. However, wearing clothes with vertical stripes create the illusion of making one look tall or slim. Smart fashion designers design clothing that creates the illusion that people are something they are not. I must confess...

Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Henry E. Hildebrand, III

January 7, 2024

Court lacks authority to extend stay in a case with a one-time repeat filer within a year of the previous case especially where the matter is tardily raised.

Members

Critical Case Comment – In the Windfalls Category

Henry E. Hildebrand, III

August 28, 2022

Unanticipated post-petition acquisitions, constituting property of the estate, can be captured for the purpose of repaying creditors. In re Powell, 2022 WL 1043502 (Bankr. C.D. Ill. April 7, 2022)(Perkins) Case Summary Clarence and Betty Powell filed a Chapter 13 petition in February of 2020 and their plan was confirmed that October. The plan required the Powells to make monthly payments...

Members

Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

January 26, 2020

By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...

Members

2 Million ITINs Set to Expire in 2019; To Avoid Refund Delays Apply Soon

October 13, 2019

Taxpayers with expiring Individual Taxpayer Identification Numbers (ITINs) can get their ITINs renewed more quickly and avoid refund delays next year by submitting their renewal application soon, the Internal Revenue Service said 10/10/19. An ITIN is a tax ID number used by taxpayers who don’t qualify to get a Social Security number. Any ITIN with middle digits 83, 84 ....

Members

Revested Property Doesn’t Need a Hall Pass

Henry E. Hildebrand, III

February 8, 2026

It is unnecessary for a Chapter 13 debtor to obtain court approval to hire a realtor or to sell the debtor’s residence following confirmation where property “revested” in the debtor.

Members

From the Editor – Avoidance

September 22, 2019

By The Honorable William Houston Brown (Retired) Chapter 7 trustee’s avoidance of post-petition mortgage lien. After filing Chapter 7, the debtor, without prior authority, refinanced property of the estate twice and the trustee sought avoidance of the mortgage lien under § 549. No defense was available because the mortgagee did not qualify as a good faith transferee, having knowledge of...

Members

Hanging Paragraph, Cars for Non-Personal Use, and PMSI

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Can a Secured Claim Still “Ride-Through” Bankruptcy Despite BAPCPA? – Part 1 In re Rhodes Says, “Let Me Count the Ways”

Passing of Wichita Attorney

Bankruptcy Conversion and Exemption Objection Deadlines

Character Counts

Critical Case Comment–Tardy Filed Stay Extension: Too Bad Too Sad

Critical Case Comment – In the Windfalls Category

Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says

2 Million ITINs Set to Expire in 2019; To Avoid Refund Delays Apply Soon

Revested Property Doesn’t Need a Hall Pass

From the Editor – Avoidance

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: