11 U.S.C. §§ 506, 1325; Secured Claims
In re Carver, 2006 Bankr. LEXIS 327 (S.D. Ga. March 6, 2006) (Walker)
Debtors filed a Chapter 13, listing a vehicle (purchased within 910 days of filing) with a current value of $14,500 and subject to a claim of $15,000. Debtors’ plan proposed to pay the entire $15,000 claim in monthly installments, without interest.
The issue was whether debtors must pay interest to a creditor whose collateral is a “910 vehicle.” The court ruled that the “test of the statute plainly prevents 910 claims from being treated as secured under a Chapter 13 plan
