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AMERICREDIT FINANCIAL SERVICES, INC. v. MOORE

No. 07-1315.

517 F.3d 987 (2008)

AMERICREDIT FINANCIAL SERVICES, INC., Movant-Appellant, v. Larry James MOORE, Tabitha Y. Moore, Debtors-Appellees, and Joyce Babin, Trustee-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 5, 2008.

Attorney(s) appearing for the Case

Stephen P. Hale, argued, Memphis, TN, Holly N. Knight, on the brief, Nashville, TN, for appellant.

Stephen W. Parker, argued, Hot Springs, AR, Robert Patt Pine, on the brief, Pine Bluff, AR, for appellee.

Joyce Bradley Babin, argued, Lonnie L. Grimes, on the brief, Little Rock, AR, for the Trustee.

Before WOLLMAN and BENTON, Circuit Judges, and DOTY, District Judge.

BENTON, Circuit Judge.

On August 26, 2005, Larry J. and Tabitha Y. Moore purchased a Cadillac financed by AmeriCredit. The Moores filed for Chapter 13 bankruptcy. They proposed to surrender their Cadillac (a 910-car), allowing AmeriCredit a general unsecured claim for any deficiency after its sale. The Trustee objected to confirmation, due to the deficiency claim. The Moores amended the plan, proposing to surrender the Cadillac in full satisfaction of the claim. AmeriCredit...

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