In a debtor’s appeal from a district court’s order reversing the bankruptcy court’s confirmation of the debtor’s Chapter 13 plan, the district court’s order is affirmed where the New York Court of Appeals held, in response to a certified question from the court of appeals, that negative equity on a trade-in vehicle is included in the purchase money security interest accompanying a new car’s purchase and is therefore protected from cramdown by the Hanging Paragraph of Section 1325 of the Bankruptcy Code.
Read In re: Peaslee, No. 07-3962
Appellate Information
Argued: September 25, 2008
Decided: October 9, 2009
Judges
Per Curiam
Counsel
For Appellant:
George M. Reiber, Rochester, NY, pro se
For Appellees:
Barkley Clark and Katherine M. Sutcliffe Becker, Stinson Morrison Hecker, LLP, Washington, DC
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