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.