DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

071726P.pdf   02/05/2008  Capital One Auto Finance  v.  Nathan Osborn
   U.S. Court of Appeals Case No:  07-1726
   U.S. Bankruptcy Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Wollman, Circuit Judge and Doty,
   District Judge]
Civil case - bankruptcy. While the courts are split on the question of whether the hanging paragraph eliminates an under-secured creditor's deficiency claim when, in a Chapter 13 plan, the debtors propose to surrender a car purchased within 910 days before filing bankruptcy, the trend is toward allowing a deficiency claim, and the court joins the courts which allow the claim; case remanded for further proceedings.