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Epstein owns and operates a yard service as a sole proprietorship. Epstein files for Chapter 1 3 bankruptcy. As of the time of his filing,
Epstein owns and operates a yard service as a sole proprietorship. Epstein files for Chapter bankruptcy. As of the time of his filing, Epstein is indebted to the following secured creditors:
a $ to A who has a security interest in a BMW that Epstein bought four months just before filing for bankruptcy;
b $ to B who has a security interest in a Kia that Epstein bought his spouse three years before filing for bankruptcy;
c $ to C who has a security interest in a truck that Epstein bought two years before bankruptcy and uses only in yard service business; and
d $ to Y who has a security interest in a used Yugo that Epstein bought for his children to use months before filing for bankruptcy.
a What is the amount of each of the secured claims of A B C and Y What, if any, additional information do you need to answer this question?
b What if Epstein owed $ on the Lamborghini he traded in to purchase the BMW and the $ includes that amount? Is that amount of the debt purchase money Americredit Fin. Serv. v Penrod In re Penrod BRBAPth Cir. affd and remanded, Fd th Cir. Markell Jh When a debtor trades in a motor vehicle in connection with buying a new one, and the lender who is financing the purchase assumes the debtors negative equity on the tradein how should the transaction be treated under the troublesome hanging paragraph of a of the Bankruptcy Code?
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