IN RE GRAUPNER

No. 07-13657.

537 F.3d 1295 (2008)

In re: Stephen Michael GRAUPNER, Debtor. Stephen Michael Graupner, Plaintiff-Appellant, v. Nuvell Credit Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 6, 2008.


Attorney(s) appearing for the Case

Brace W. Luquire, Columbus, GA, for Graupner.

Lisa Ritchey Craig, McCullough, Payne, Haan, LLC, Atlanta, GA, Barkley Clark, Katherine M. Sutcliffe, Washington, DC, for Defendant-Appellee.

Marcus G. Keegan, Robert Scott Johnson, Franzen & Salzano, P.C., Norcross, GA, James J. White, Ann Arbor, MI, for Amici Curiae.

Before TJOFLAT and MARCUS, Circuit Judges, and VINSON, District Judge.


VINSON, District Judge:

This case involves interpretation and application of the so-called "hanging paragraph" in Title 11, United States Code, Section 1325(a)(9), which was added to the Bankruptcy Code ("the Code") by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. See Pub.L. No. 109-8, 119 Stat. 23 (2005) ("BAPCPA").1 Specifically, we are called upon to decide if the anti-bifurcation provision in the hanging...

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