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IN RE TREJOS

BAP No. NV-06-1400-DES, Bankruptcy No. 06-1023.

374 B.R. 210 (2007)

In re Gerardo Antonio TREJOS, Jr.; Christina Ann Trejos, Debtors. Gerardo Antonio Trejos, Jr.; Christina Ann Trejos, Appellants, v. VW Credit, Inc.; Rick A. Yarnall, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed: July 30, 2007.

Attorney(s) appearing for the Case

Christopher P. Burke, Esq., Christopher P. Burke & Associates, Las Vegas, NV, for Appellant.

Tyler B. Jones, Esq., Brice, Vander, Linden & Wernick, Dallas, TX, for Appellees.

Before DUNN, EFREMSKY and SMITH, Bankruptcy Judges.

OPINION

DUNN, Bankruptcy Judge.

The bankruptcy court ruled that creditor held by assignment a valid purchase-money security interest in debtors' vehicle purchased within the 910-day period immediately preceding the date debtors filed their voluntary chapter 132 petition, making creditor's claim subject to the anti-cramdown provision in the "Hanging Paragraph" of § 1325(a). As a result, the bankruptcy court held that the...

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