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IN RE WESTFALL

No. 08-4530.

599 F.3d 498 (2010)

In re Jamie Allen WESTFALL; Angela Ann Westfall, Debtors. Nuvell Credit Corporation, nka Nuvell Credit Company LLC, Appellant, v. Jamie Allen Westfall; Angela Ann Westfall; Toby L. Rosen, Chapter 13 Trustee, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 24, 2010.

Attorney(s) appearing for the Case

ARGUED: Barkley Clark, Stinson Morrison Hecker LLP, Washington, D.C., for Appellant. George Max Reiber, Law Office, Rochester, New York, for Appellees. ON BRIEF: Barkley Clark, Katherine M. Sutcliffe Becker, Stinson Morrison Hecker LLP, Washington, D.C., Jeffrey A. Lipps, Angela M. Paul Whitfield, Carpenter & Lipps LLP, Columbus, Ohio, for Appellant. Robert P. Harbert, Office of the U.S. Trustee, Canton, Ohio, for Appellees. James R. Bruinsma, Myers Nelson Dillon & Shierk, PLLC, Grand Rapids, Michigan, for Amicus Curiae.

Before: BOGGS and COOK, Circuit Judges; COLLIER, Chief District Judge.

OPINION

COOK, Circuit Judge.

Nuvell Credit Corporation (Nuvell) appeals from a judgment of the United States District Court for the Northern District of Ohio affirming the bankruptcy court's order overruling Nuvell's objection to confirmation of the Chapter 13 plan filed by debtors Jamie and Angela Westfall (Debtors). This appeal concerns whether the protection from "cramdown" offered by the so-called "hanging paragraph" of 11 U.S.C. § 1325(a) applies...

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