GMAC v. Morris Horne

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:07-cv-00515-REP,3:07-cv-00538-REP,3:08-cv-00123-REP,3:07-cv-00755-REP,3:08-cv-00151-REP,3:07-cv-00732-REP,3:07-cv-00719-REP,BK-06-33159-DOT Copies to all parties and the district court/agency. [998416220] [08-1848, 08-1850]

GMAC v. Morris Horne

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Case: 08-1848 Document: 31

Date Filed: 09/01/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1848 GMAC, Plaintiff - Appellant, and CITIFINANCIAL AUTO CORPORATION, Plaintiff, v. MORRIS DWAYNE HORNE; AARON LA VIGNE; AMANDA LA VIGNE, Defendants ­ Appellees, and AMY LILLIAN TAYLOR, Defendant.

No. 08-1850 GMAC; CITIFINANCIAL AUTO CORPORATION, Plaintiffs - Appellees, v. MORRIS DWAYNE HORNE; AARON LA VIGNE; AMANDA LA VIGNE, Defendants ­ Appellants, and

Dockets.Justia.com

Case: 08-1848 Document: 31

Date Filed: 09/01/2010

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AMY LILLIAN TAYLOR, Defendant.

Appeals from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:07-cv-00515-REP) Submitted: August 20, 2010 Decided: September 1, 2010

Before WILKINSON, KING, and GREGORY, Circuit Judges. Affirmed in part; dismissed in part by unpublished per curiam opinion. Katherine M. Sutcliffe Becker, Barkley Clark, STINSON, MORRISON & HECKER, LLP, Washington, D.C., for GMAC. James Michael Flaherty, BOLEMAN LAW FIRM, PC, Richmond, Virginia; Mark Clifton Leffler, BOLEMAN LAW FIRM, PC, Virginia Beach, Virginia, for Morris Dwayne Horne, Aaron La Vigne, and Amanda La Vigne. Unpublished opinions are not binding precedent in this circuit.

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Case: 08-1848 Document: 31

Date Filed: 09/01/2010

Page: 3

PER CURIAM: In these consolidated appeals, the parties appeal from the district court's order affirming in part and reversing in part the bankruptcy courts' orders finding that a portion of GMAC's claims in the underlying bankruptcy proceedings are

unsecured. 618 (4th

In light of our decision in In re Price, 562 F.3d Cir. 2009) (holding debtor's negative equity in a

trade-in vehicle included in amount financed created a purchase money obligation within the meaning of 11 U.S.C.

§ 1325(a)(2006), we summarily affirm the portion of the district court's order at issue in No. 08-1850. Because the parties have

settled the remaining issues by filing an amended plan in the bankruptcy court, we dismiss No. 08-1848 as moot. we deny GMAC's motion to retain jurisdiction. oral argument because in the the facts and legal before Accordingly,

We dispense with contentions the court are and

adequately

presented

materials

argument would not aid the decisional process. AFFIRMED IN PART; DISMISSED IN PART

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