Triad Financial Corp. v. Weathington (In Re Weathington)

How courts have described this case

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

• stating that the creditor cited no cases supporting the application of Rash and the Bankruptcy Appellate Panel found none on its own
• no distinction in the economic consequences of surrender and redemption; in fact, creditors may receive more under redemption than surrender
• “In contrast to the Chapter 18 cram down scenario described in Rash, there is no distinction in the economic consequences to the creditor between surrender and redemption in Chapter 7.”
• “In contrast to the Chapter 13 cram-down scenario described in Rash, there is no distinction in the economic consequences to the creditor between surrender and redemption in Chapter 7.”
• “... it is likely that when a debtor pays the creditor the liquidation value of a vehicle to redeem it, the creditor may actually receive more money than if it had repossessed the vehicle.”
• “... it is likely that when a debtor pays the creditor the liquidation value of a vehicle to redeem it, the creditor may actually receive more money than if it had repossessed the vehicle.”

Source: CourtListener parenthetical corpus (CC0).