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IN RE FORD

No. 08-3192.

574 F.3d 1279 (2009)

In re John Wesley FORD, Sr., Cynthia Dawn Ford, Debtors. John Wesley Ford, Sr., Cynthia Dawn Ford, Appellants, v. Ford Motor Credit Corporation, Appellee, American Financial Services Association, The Kansas Bankers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 3, 2009.

Attorney(s) appearing for the Case

Michael J. Studtmann, Law Office of Michael J. Studtmann, P.A., Wichita, KS, for Appellant.

Thomas D. Lasater, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS (William M. Burke, Costa Mesa, CA, and Lyndon W. Vix, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, with him on the brief), for Appellee.

Charles R. Hay, Foulston Siefkin LLP, Topeka, KS, filed an Amici Curiae brief on behalf of American Financial Services in support of Appellee.

Patricia E. Hamilton, Henson, Hutton, Mudrick & Gragson, LLP, Topeka, KS, filed an Amici Curiae brief on behalf of The Kansas Bankers Association, in support of Appellee.

Before MURPHY, SEYMOUR, and TYMKOVICH, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Appellants John Wesley Ford, Sr. and Cynthia Ford appeal an order of the Bankruptcy Court for the District of Kansas rejecting their proposed Chapter 13 bankruptcy plan. The Fords have an outstanding debt to Appellee Ford Motor Credit Company ("Ford Motor Credit") secured by their automobile. The debt includes the amount paid to discharge the "negative equity" on their trade-in vehicle. Negative equity is the amount...

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