IN RE DEAN

No. 07-14163.

537 F.3d 1315 (2008)

In re James Wylee DEAN, Stacie L. Dean, Debtors. Nuvell Financial Services Corp., Plaintiff-Appellant, v. James Wylee Dean, Stacie L. Dean, a.k.a. Stacie L. McGee, a.k.a. Stacie L. Calhoun, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 7, 2008.


Attorney(s) appearing for the Case

Lisa Richey Craig, John G. McCullough, McCullough Payne Haan, LLC, Atlanta, GA, for Appellant.

Franklin D. Hayes, Douglas, GA, for Appellee.

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


VINSON, District Judge:

Nuvell Credit Company, LLC, f/k/a Nuvell Credit Corporation ("Creditor") directly appeals the bankruptcy court's Order Confirming Chapter 13 Plan in the case of James and Stacie Dean ("Debtors"). Central to this appeal is the question of whether a claim that falls within the "hanging paragraph" at the end of Title 11, United States Code, Section 1325(a)(9), is an allowed secured claim entitling the Creditor to payment in full, plus post-petition...

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