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IN RE RODRIGUEZ

BAP No. WW-07-1046-MoDJ, Bankruptcy No. 06-41999.

375 B.R. 535 (2007)

In re Natalie Dionne RODRIGUEZ, Debtor. Wells Fargo Financial Acceptance, Appellant, v. Natalie Dionne Rodriguez; Karla Forsythe, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 28, 2007.

Attorney(s) appearing for the Case

Richard A. Hayden, Richard J. Hayden, P.S., Spokane, WA, for Wells Fargo Financial Acceptance.

Robert Charles Russell, Robert C. Russell, PC, Vancouver, WA, for Natalie Dionne Rodriguez.

Before: MONTALI, DUNN and JAROSLOVSKY, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

A chapter 13 debtor purchased a vehicle for her personal use with financing obtained within 910 days of her petition date. Debtor filed a plan providing for surrender of the vehicle in full satisfaction of the secured claim, relying on the infamous "hanging paragraph" following 11 U.S.C. § 1325(a)(9),2 and objected to the creditor's claim. Applying the hanging paragraph, the bankruptcy...

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