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IN RE DALE

No. 08-20583.

582 F.3d 568 (2009)

In the Matter of: Rebecca Ann DALE, also known as Becky Dale, also known as Dale Enterprises, Debtor. Ford Motor Credit Company, LLC, Appellee, v. Rebecca Ann Dale, Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 2009.

Attorney(s) appearing for the Case

William M. Burke (argued), Costa Mesa, CA, R. Christopher Naylor, Devlin, Naylor & Turbyfill, Houston, TX, for Appellee.

Reese Walker Baker (argued), Baker & Associates, Houston, TX, for Appellant.

Earl Ferdinand Sundmaker, III, Douglas L. Grundmeyer, Jonathan C. McCall, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Amici Curiae.

Before JONES, Chief Judge, and PRADO and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

This appeal involves the proper construction of the "hanging paragraph"1 in 11 U.S.C. § 1325(a), which was added to the Bankruptcy Code (Code) by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Under the Code, a lien creditor generally holds a secured claim only to the extent of the present value of the collateral that the lien encumbers. If the amount of the secured claim exceeds...

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