In re Davis (07-50761)

The debtor's proposed Chapter 13 plan offered to pay the full amount of the creditor's "910 claim" (vehicle purchased for personal use within 910 days of the bankruptcy filing) plus the contract rate of interest (4.9%). The creditor argued that it was entitled to receive interest on its claim at the prime rate (8.25%). The court held that Till v. SCS Credit Corp., 541 U.S. 465 (2004), applied even though the contract rate was less than the prime rate. The court held that the creditor was entitled to receive the full amount of its 910 claim plus interest at the prime rate under the cram down provisions of ยง 13259(a)(5)(B).

Wednesday, September 12, 2007