IN RE DUMONT

BAP No. SC-07-1155-BaMoD, Bankruptcy No. 06-00980-JM7.

383 B.R. 481 (2008)

In re Antoinette DUMONT, Debtor. Antoinette Dumont, Appellant, v. Ford Motor Credit Company, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed February 6, 2008.


Attorney(s) appearing for the Case

Michael G. Doan, Doan, Levinson & Liljegren, Carlsbad, CA, for Antoinette Dumont.

Randaall P. Mroczynski, Cosa Mesa, CA, for Ford Motor Credit Company.

Before: BAUM, MONTALI and DUNN, Bankruptcy Judges.


BAUM, Bankruptcy Judge:

We must determine if the Ninth Circuit's decision, McClellan Fed. Credit Union v. Parker (In re Parker), 139 F.3d 668 (9th Cir.1998), which allowed chapter 7 bankrupt debtors to retain their motor vehicles if current on their payments without an enforceable reaffirmation agreement, was effectively overruled by the 2005 amendments to the Bankruptcy Code. We conclude...

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