The hanging paragraph provision of Section 1325(a) is not invoked by a vehicle that is acquired for the use of a non-debtor spouse. The debtor and her husband purchased a car for the husband's use within 910 days pre-petition. Both spouses' names were on the note and certificate of title; however, the husband was the only one who used the car. Applying a literal interpretation, the hanging paragraph applies only to vehicles that are purchased for the "personal use of the debtor."
Sunday, December 9, 2007
In re Davis, 2006 Bankr. LEXIS 3465
Posted by Rachel Lynn Foley at 2:31 PM
Labels: 11th Circuit, hanging paragraph, non-filing spouse
Subscribe to:
Post Comments (Atom)
0 comments:
Post a Comment