In re Trejos

49 Citing cases

  1. In re Penrod

    BAP Nos. NC-07-1360-MkKJu, NC-07-1368-MKKJu, Bk. No. 07-30252-TC (B.A.P. 9th Cir. Jul. 28, 2008)   Cited 14 times
    Concluding that charge for negative equity did not constitute purchase-money security interest

    For purposes of this appeal, we treat Americredit and Hansel as the same, as there is no issue that the assignment affected or altered any rights. See Trejos v. VW Credit, Inc. (In re Trejos), 374 B.R. 210 (9th Cir. BAP 2007). Penrod filed a chapter 13 bankruptcy on March 2, 2007, which was 523 days after she bought the Taurus.

  2. In re Penrod

    392 B.R. 835 (B.A.P. 9th Cir. 2008)   Cited 16 times
    Discussing incorporation of "purchase money security interest" from UCC into Section 1325 of the Bankruptcy Code

    For purposes of this appeal, we treat Americredit and Hansel as the same, as there is no issue that the assignment affected or altered any rights. See Trejos v. VW Credit, Inc. (In re Trejos), 374 B.R. 210 (9th Cir. BAP 2007). Penrod filed a chapter 13 bankruptcy on March 2, 2007, which was 523 days after she bought the Taurus.

  3. Schweigert v. Schweigert

    519 F. Supp. 3d 803 (D. Mont. 2021)

    In re Brown , 339 B.R. 818, 821 (Bankr. S.D. Ga. 2006) ; see alsoIn re Trejos , 374 B.R. 210, 220 (B.A.P. 9th Cir. 2007) (formally adopting this position); but seeIn re White , 352 B.R. 633, 643 (Bankr. E.D. La. 2006).

  4. In re Page

    658 B.R. 178 (Bankr. E.D. Wash. 2024)

    See, e.g., Trejos v. VW Credit, Inc. (In re Trejos), 374 B.R. 210, 220 (B.A.P. 9th Cir. 2007) (concluding that "the bankruptcy court did not err in requiring that the Plan pay the full amount" of a 910 claim); In re Brooks, 344 B.R. 417, 422 (Bankr. E.D.N.C. 2006) ("[I]n order to confirm a Chapter 13 plan with a 910 claim, the plan must provide for full payment of the secured claim with interest calculated at the Till rate."); In re Johnson, 337 B.R. 269, 273 (Bankr. M.D.N.C. 2006) (concluding that "[the hanging paragraph] prevents a debtor from paying less than the full contract amount if the debtor chooses to retain the vehicle"; thus, the plan must provide for either full payment of the 910 claim or surrender of the vehicle); In re Henry, 353 B.R. 261, 263 (Bankr. D. Or. 2006) (finding that an uncontested 910 claim is "therefore an 'allowed secured claim' for purposes of § 1325(a)(5) and the value of its claim, as of the effective date of the plan, must be paid over the life of the plan"); In re Turner, 349 B.R. 437, 442 (Bankr. D.S.C. 2006) ("[S]ecured creditors subject to

  5. In re Johnson

    BAP CC-14-1169-TaKuPa (B.A.P. 9th Cir. Dec. 9, 2014)

    There is no issue that the assignment to Appellee affected or altered any rights. See Trejos v. VW Credit, Inc. (In re Trejos), 374 B.R. 210 (9th Cir. BAP 2007). Johnson filed a chapter 13 petition on November 21, 2013.

  6. Johnson v. Hyundai Motor Fin. (In re Johnson)

    BAP No. CC-14-1169-TaKuPa (B.A.P. 9th Cir. Dec. 9, 2014)

    There is no issue that the assignment to Appellee affected or altered any rights. See Trejos v. VW Credit, Inc. (In re Trejos), 374 B.R. 210 (9th Cir. BAP 2007). Johnson filed a chapter 13 petition on November 21, 2013.

  7. In re Lyons

    Case No. 2:08-bk-13657-SSC (Bankr. D. Ariz. May. 13, 2009)

    The courts which have interpreted the hanging paragraph have concluded that application of the paragraph disallows debtors from bifurcating qualifying claims under Section 506. In re Trejos, 374 B.R. 210 (9th Cir. BAP 2007); Drive Financial Services, L.P. v. Jordan, 521 F.3d 343 (5th Cir. 2008); In re Wright, 492 F.3d 829, 832 (7th Cir. 2007); In re Brei, 2007 WL 4104884 (Bankr.D.Ariz. 2007).

  8. In re Riach

    Case No. 07-61645-aer13 (Bankr. D. Or. Feb. 19, 2008)   Cited 6 times

    The HP is essentially an anti-bifurcation provision. If a secured creditor fits within its protection, the debtor must pay the creditor's claim in full no matter what the collateral's value, in order to retain collateral. Trejos v. VW Credit, Inc. (In Re Trejos), 374 B.R. 210, 220-221 (9th Cir. BAP 2007) (Trejos II). The HP does not prevent cram-down of the interest rate, monthly payments or other contractual terms.

  9. In re Johnson

    Bankruptcy Case No. 07-31717-rld13 (Bankr. D. Or. Dec. 19, 2007)

    To fall within the protection of the Hanging Paragraph, the secured claim must meet the following conditions: See Wells Fargo Financial Acceptance v. Rodriguez (In re Rodriguez), 375 B.R. 535 (9th Cir. BAP 2007); Trejos v. VW Credit, Inc. (In re Trejos), 374 B.R. 210 (9th Cir. BAP 2007). For a brief explanation of the concept of cramdown and its operation, see In re Sanders, No. 07-50783-C, 2007 WL 3047233 at *4-5 (Bankr.

  10. In re Johnson

    380 B.R. 236 (Bankr. D. Or. 2007)   Cited 17 times
    Holding that the negative equity portion of the transaction is "nothing more than a refinance of the preexisting debt owed," and therefore did not create a close nexus

    To fall within the protection of the Hanging Paragraph, the secured claim must meet the following conditions: See Wells. Fargo Financial Acceptance v. Rodriguez (In re Rodriguez), 375 B.R. 535 (9th Cir. BAP 2007); Trejos v. VW Credit, Inc. (In re Trejos), 374 B.R. 210 (9th Cir. BAP 2007). For a brief explanation of the concept of cramdown and its operation, see In re Sanders, 377 B.R. at 843-45 (Bankr.W.D.Tex. 2007).