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Opinion 504

Case Name: 

In re Potter

Judge: 
Judge Thurman
Date: 
Dec-12-2006
Case Number(s): 
06-23025
Status: 

UNPUBLISHED

Body: 

The Court was called upon to determine whether the Debtors' motor vehicle was subject to a purchase money security interest where they inherited the vehicle and assumed the decedent's debt on the vehicle. The court held that the debt created a security interest, but not a purchase money security interest. Because the security interest at issue was not purchase money, the Court held that the Debtors could cram down the creditor's claim under section 1325(a) even though the debt was incurred within 910 days of filing.

Internal Ref: 
Opinion 504
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