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CITIFINANCIAL AUTO v. HERNANDEZ-SIMPSON

Nos. 06-2527-JAR, 06-2528-JAR, 06-2530-JAR, 06-2531-JAR, 07-2085-JAR.

369 B.R. 36 (2007)

CITIFINANCIAL AUTO, Appellant, v. Lisa Lynne HERNANDEZ-SIMPSON, Appellee. Ford Motor Credit Company, Appellant, v. Brett Burgess & Janet Burgess, Appellees. Citifinancial Auto, Appellant, v. Linda Wallace, Appellee. Ford Motor Credit Company, Appellant, v. Christine Parker, Appellee. Ford Motor Credit Company, Appellant, v. Michael D. Scheerer and Guadalupe Scheerer, Appellees.

United States District Court, D. Kansas.

May 17, 2007.

Attorney(s) appearing for the Case

Charles R. Hay, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Appellant.

David A. Reed, Law Office of David A. Reed, Kansas City, KS, for Appellee.

MEMORANDUM ORDER AND OPINION

ROBINSON, District Judge.

This appeal involves five Chapter 13 bankruptcy cases in which the debtors' plans were confirmed over objection of a creditor, Citifinancial Auto f/k/a TranSouth Financial ("Citifinancial") or Ford Motor Credit Company ("Ford Motor Credit"), that holds a purchase money lien against debtors' vehicles. In each case, the vehicle was purchased within 910 days of the date the bankruptcy was filed....

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