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Tuesday, September 26, 2006

anti-cramdown provision under BAPCPA §1325(a)

entire sum loanedt for purchase of car + extended service contract is s protected by anti-cramdown provision of the code -- not just amount used to purchase vehicle itself
"TILL" formula formula governs interest paid to secured creditor (prime rate+risk factor)
In re Murray, 346 B.R. 237 (Bkrtcy.M.D.Ga. 2006) Creditor loaned money to debtors to purchase motor vehicle and pay for extended service contract. At time of filing the vehicle was valued at $8,612; balance owed to creditor was $10,498. Debtor's chapter 13 plan proposed cram-down, arguing that because the debt included the price of a service contract it was not a PMSI used for the purchase of a vehicle. Court held the hanging paragraph protects all of a loan secured only on a motor vehicle even if a portion was used for a service contract. Court also held that a PMSI falling within § 1325(a)(*) is a secured claim under § 506 and entitled to interest using the Till formula, notwithstanding language providing that sectiion 506 does not apply to a PMSI falling within 1325(a)(*).

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