In re Bivins Case No:06-51778

Chapter 13 debtor proposed to surrender her vehicle in full satisfaction of her obligation to secured creditor. Creditor contended that it was entitled to file an unsecured claim for any deficiency that remains after it disposes of the vehicle. The court held that the creditor was not entitled to file an unsecured claim for a deficiency.

Date of decision:

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In re Adams Case No: 06-51651

The creditor financed the Chapter 13 debtor's purchase of a vehicle. The creditor's claim was secured by a purchase money security interest in a motor vehicle that was acquired within the 910 days preceding the date the debtor filed for bankruptcy relief. The creditor contended that the vehicle was "acquired for the personal use of the debtor" and that its claim was protected from bifurcation by the hanging paragraph of 11 U.S.C.A. § 1325(a)(5). The court disagreed and held that a vehicle acquired for use by the non-debtor wife was not "acquired for the personal use of the debtor" and that the claim was not protected from bifurcation by the hanging paragraph.

Date of decision: 3/1/07

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In re Tom Food's Inc. Case No: 05-40683

The court held that e-mails sent by the Chapter 11 debtor's president, CEO and board members to an attorney on the debtor's board of directors were not protected by the attorney-client privilege or joint-defense privilege. The court noted that the e-mails were widely distributed to other parties. The court also noted that the substance of the e-mails concerned matters within the debtor's business affairs.

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