IN RE BOODROW

No. 1042, Docket 96-5078.

126 F.3d 43 (1997)

In re Brian K. BOODROW, Debtor. CAPITAL COMMUNICATIONS FEDERAL CREDIT UNION, Plaintiff-Appellant, v. Brian K. BOODROW, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Last Supplemental Brief Received June 25, 1997.

Decided September 12, 1997.


Attorney(s) appearing for the Case

Douglas M. Fisher, Albany, NY (Solomon and Solomon, P.C., of Counsel), for Plaintiff-Appellant.

William M. McCarthy, Albany, NY (McCarthy & Evanick, of Counsel), for Defendant-Appellee.

Rudolph J. Meola, Richard J. Miller & Associates, P.C., Key Bank of New York, Albany, NY, Amicus Curiae for Key Bank of New York.

Kenneth R. Hiller, Law Office of Jeffrey M. Freedman, Buffalo, NY; John Rao, National Consumer Law Center, Boston, MA, Amicus Curiae for National Association of Consumer Bankruptcy Attorneys.

Before: FEINBERG and PARKER, Circuit Judges, and SHADUR, District Judge.


FEINBERG, Circuit Judge:

This case presents an issue of first impression in this circuit: whether a bankruptcy court may allow a debtor, who files for bankruptcy and is "current" on a car-purchase loan, to retain the collateral securing the loan and continue making monthly payments under the original loan agreement. Creditor Capital Communications Federal Credit Union (Capital) moved in the United States Bankruptcy Court for the Northern District of New York for,...

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