In re Robinson, __ B.R. __, 2006 WL 349801 (Bankr. W.D. Mo. 2/10/06)

Held: debtor could not strip down vehicle loan on car purchased for personal use within 910 days of filing and creditor is entitled to secured claim for total amount of its claim regardless of value of the vehicle. The debtor could, however, alter the term or interest rate of the loan. The court noted that the Supreme Court recently confirmed in Till v. SCS Credit Corp., 541 U.S. 465 (2004) that debtors can modify the interest rates that secured creditors are to receive in a Chapter 13 case under 1322(b)(2). While the creditor contended that Till was no longer good law in light of the amendment, in this case the Court disagreed, observing that if Congress had intended to modify Till's application to auto loans it could have done so by modifying 1322(b)(2) or referring to 'discount rate' or 'interest.' Congress had previously done so with respect to home mortgages, and the Till decision had extended an express invitation to Congress to enact remedial legislation if the Supreme Court had gotten it wrong. As a result, while the BAPCPA requires the debtor to pay the full amount of the vehicle loan creditor's claim over the course of the Chapter 13 plan, they do not overrule Till or prevent the debtor from modifying the interest rate to be paid on the claim."