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IN RE LONG

No. 06-6252.

519 F.3d 288 (2008)

In re Robert Harris LONG and Ginger Denise Long, Debtors. AmeriCredit Financial Services, Inc., Creditor-Appellant, v. Robert Harris Long and Ginger Denise Long, Debtors-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 4, 2008.

Attorney(s) appearing for the Case

ARGUED: Stephen P. Hale, Hale, Dewey & Knight, Memphis, Tennessee, for Appellant. John P. Newton, Jr., Mayer & Newton, Knoxville, Tennessee, for Appellees. ON BRIEF: Stephen P. Hale, Hale, Dewey & Knight, Memphis, Tennessee, Holly N. Knight, Hale, Dewey & Knight, Nashville, Tennessee, for Appellant. John P. Newton, Jr., Richard M. Mayer, Brent S. Snyder, Mayer & Newton, Knoxville, Tennessee, for Appellees. Tara A. Twomey, San Jose, California, Richardo I. Kilpatrick, Kilpatrick & Associates, Auburn Hills, Michigan, Joseph R. Prochaska, Williams & Prochaska, Nashville, Tennessee, for Amici Curiae.

Before: MERRITT and CLAY, Circuit Judges; COX, District Judge.

MERRITT, J., delivered the opinion of the court. COX, D.J. (pp. 299-301), delivered a separate opinion concurring in the judgment. CLAY, J. (p. 301), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

This consumer bankruptcy, Chapter 13 case arises because the debtor bought a car under a typical financing arrangement in which the lender retained a lien or mortgage on the car as security for payment of the outstanding loan that...

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