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TIDEWATER FINANCE CO. v. KENNEY

No. 07-1664.

531 F.3d 312 (2008)

TIDEWATER FINANCE COMPANY, Creditor-Appellant, v. Jennifer Lee KENNEY, Debtor-Appellee, and Frank J. Santoro, Trustee-Appellee. Wells Fargo Bank NA; GMAC, LLC; Toyota Motor Credit Corporation; Ford Motor Credit Company, LLC; Nuvell Credit Company, LLC; Nuvell National Auto Finance, LLC; American Suzuki Financial Services Company, LLC; Nissan Motor Acceptance Corporation; Bank of America, NA; American Honda Finance Corporation; Americredit Financial Services, Incorporated; JPMorgan Chase Bank, NA, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 25, 2008.

Attorney(s) appearing for the Case

ARGUED: James Robert Sheeran, Tidewater Finance Company, Chesapeake, Virginia, for Appellant. Mark Clifton Leffler, Boleman Law Firm, P.C., Richmond, Virginia, for Appellees. ON BRIEF: Matthew M. Barnes, Tidewater Finance Company, Chesapeake, Virginia, for Appellant. James M. Flaherty, Boleman Law Firm, P.C., Richmond, Virginia, for Appellee Jennifer Lee Kenney. Joseph R. Prochaska, Williams & Prochaska, P.C., Nashville, Tennessee; David Greer, Williams Mullen, Norfolk, Virginia, for Amici Supporting Appellant.

Vacated and remanded with instructions by published opinion. Senior Judge ROTH wrote the opinion, in which Judge KING and Judge DUNCAN joined.

OPINION

ROTH, Senior Circuit Judge:

I.

This is a direct appeal by creditor Tidewater Finance Co. from the Bankruptcy Court's final order confirming debtor Jennifer Kenney's Chapter 13 bankruptcy plan. The narrow issue on appeal concerns a pure question of law and is a matter of first impression with this Court: Whether the "hanging paragraph" in 11 U.S.C. § 1325(a), added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005...

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