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· 9/10/2009

Ford Motor Credit Co. v. Dale (In Re Dale)

Citations

  • 582 F.3d 568
  • 2009 WL 2857998

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that negative equity financing, gap insurance, and extended warranties fell within the category of ‘price’ of the vehicle
  • holding that the expenses for negative equity financing and gap insurance were contemporaneous with the debtor’s purchase of the vehicle
  • finding that negative equity financing, gap insurance, and extended warranties were incurred “in connection with the buyer’s goal of acquiring rights in the collateral”
  • finding that negative equity financing, gap insurance, and extended warranties were incurred “in connection with the buyer’s goal of acquiring rights in the collateral”
  • noting that “[i]t is common in the bankruptcy context to look to state law to define security interests created under state law”
  • finding that a loan for negative equity in a vehicle was a “purchase-money security interest” and the “hanging paragraph operate[d] to prevent bifurcation of th[e] debt”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Prado, Haynes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.