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IN RE DUMONT

No. 08-60002.

581 F.3d 1104 (2009)

In the Matter of Antoinette DUMONT, Debtor, Antoinette Dumont, Appellant, v. Ford Motor Credit Company, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2009.

Attorney(s) appearing for the Case

Michael G. Doan, Doan Law Firm, Carlsbad, CA, argued the cause for appellant-debtor and filed briefs.

Randall P. Mrocynski, Cooksey Toolen Gage Duffy & Woog, Costa Mesa, CA, argued the cause for the appellee and submitted a brief.

Tara Twomey, National Association of Consumer Bankruptcy Attorneys, San Jose, CA, submitted a brief on behalf of amicus curiae National Association of Consumer Bankruptcy Attorneys. With her on the brief was Cynthia Feathers.

Opinion by Judge O'SCANNLAIN; Dissent by Judge GRABER.

O'SCANNLAIN, Circuit Judge:

We must decide whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 allows a consumer in bankruptcy to retain personal property subject to a security interest by continuing to make payments under his contract.

I

Antoinette Dumont purchased a car in 2003 from Ford Motor Credit Company ("Ford"). The loan agreement contained a clause stating that Dumont would be in default if she was involved in a bankruptcy...

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