Sunday, December 9, 2007

In re Davis, 2006 Bankr. LEXIS 3465

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."

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