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.
083866P.pdf 09/08/2009 Ford Motor Credit Company v. Dennis L. Mierkowski
U.S. Court of Appeals Case No: 08-3866
U.S. Bankruptcy Court for the Eastern District of Missouri
[PUBLISHED] [Benton, Author, with Hansen and Bye, Circuit Judges]
Civil case - Bankruptcy. In this Chapter 13 proceeding, the Bankruptcy
Court erred in ruling that the debt attributable to the cash-sale price of
debtors' new vehicle was secured, while the debt attributable to the
negative equity in their trade-in was unsecured; under Missouri law, Ford
has a purchase-money security interest in the negative-equity financing,
and the entire debt was secured. Judge Bye, dissenting.