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IN RE SMITH

No. 02-4171-JAR, 02-4172-RDR, 02-4169-JAR, 02-4170-JAR. Bankruptcy Nos. 99-41536-13, 99-41945-13, 99-422272-13, 99-42481-13.

310 B.R. 631 (2004)

In re Mark Wallace SMITH, Noel Etola Smith, Debtors. In re Mark Guy, Rhonda Guy, Debtors. In re Alexander Deyoung, Heather Deyoung, Debtors. In re Gina Leak, Wayne Leak, Debtors.

United States District Court, D. Kansas.

May 24, 2004.

Attorney(s) appearing for the Case

Susan A. Berson, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Appellant.

Jan M. Hamilton, Topeka, KS, pro se.

MEMORANDUM ORDER AND OPINION

ROBINSON, District Judge.

Appellant Household Automotive Finance Corporation and OFL-A Receivables Corp. ("HAFC") appeals the order of the bankruptcy court applying a "formula method" over a "coerced loan approach" to determine the market rate of interest on a sub-prime loan for an automobile in a Chapter 13 bankruptcy. For the reasons set forth below, the Court reverses the order of the bankruptcy court and remands the proceedings...

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