IN RE KIDD

No. 01-5074.

315 F.3d 671 (2003)

In re Lewis KIDD and Roberta Kidd, Debtors. Household Automotive Finance Corporation, Appellant, v. Beverly Burden, Trustee, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 8, 2003.


Attorney(s) appearing for the Case

Lea P. Goff (argued), Stoll, Keenon & Park, Louisville, KY, Lea P. Goff (briefed), Samuel D. Hinkle, Stoll, Keenon & Park, Louisville, KY, George D. Smith, Stoll, Keenon & Park, Lexington, KY, for Appellant.

Caitlin L. Decatur, Decatur & Lee, Batavia, OH, Caitlin L. Decatur, Decatur & Lee, Batavia, OH, for Appellee.

Before DAUGHTREY and MOORE, Circuit Judges; SIMPSON, District Judge.


DAUGHTREY, J., delivered the opinion of the court, in which MOORE, J., joined. SIMPSON, D.J. (pp. 678-80), delivered a separate opinion concurring in part and dissenting in part.

OPINION

DAUGHTREY, Circuit Judge.

In this bankruptcy appeal, we are asked to review the bankruptcy court's calculation of the appropriate interest rate to be applied in a "cram down" provision in the debtors' Chapter 13 plan. The decision requires interpretation of language...

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