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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Bankruptcy: Bifurcated Claim – ‘Hanging Paragraph’ – Purchase-Money Security Interest

Bankruptcy: Bifurcated Claim – ‘Hanging Paragraph’ – Purchase-Money Security Interest

Ford Motor Credit Company v. Mierkowski (MLW No. 59630/Case No. 08-3866 - 14 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Where a bankruptcy court allowed Chapter 13 debtors, who purchased a new car, to bifurcate the creditor's claim, the amount financed to pay off the negative equity in the trade-in is part of the ...

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