IN RE WRIGHT

No. 07-1483.

492 F.3d 829 (2007)

In the Matter of Craig WRIGHT and LaChone P. Giles-Wright, Debtors-Appellants. Santander Consumer USA Inc., Creditor-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 3, 2007.


Attorney(s) appearing for the Case

Marilyn O. Marshall, Chicago, IL, pro se.

William T. Neary, Chicago, IL, pro se.

David J. Frankel (argued), Sorman & Frankel, Chicago, IL, for Drive Financial Services.

Xiaoming Wu (argued), Ledford & Wu, Chicago, IL, for Debtors-Appellants.

James J. Haller, Mueller & Haller, Belleville, IL, for National Association of Consumer Bankruptcy Attorneys.

Before EASTERBROOK, Chief Judge, and MANION and WOOD, Circuit Judges.


EASTERBROOK, Chief Judge.

Bankruptcy judges across the nation have divided over the effect of the unnumbered hanging paragraph that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 added to § 1325(a) of the Bankruptcy Code, 11 U.S.C. § 1325(a). Section 1325, part of Chapter 13, specifies the circumstances under which a consumer's plan of repayment can be confirmed. The hanging paragraph says that, for the purpose of a Chapter 13 plan,...

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