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5 Hastings Bus. L.J. 401 (2009)
Should Courts Hang on Every Word of Congress's Hanging Paragraph - A Solution to Judicial Controversy Over Chapter 13 Surrendered Vehicles

handle is hein.journals/hbuslj5 and id is 413 raw text is: SHOULD COURTS HANG ON EVERY WORD OF CONGRESS'S HANGING PARAGRAPH? A SOLUTION TO JUDICIAL CONTROVERSY OVER CHAPTER 13 SURRENDERED VEHICLES Netta Grutman* I. INTRODUCTION As part of the Bankruptcy Abuse Prevention Consumer Protection Act of 2005, Congress added a paragraph to the bankruptcy code governing the confirmation of Chapter 13 plans.' This addition has led to the recent confusion about how courts should approach claims secured by vehicles that are surrendered as part of the debtor's Chapter 13 plan.2 This confusion has led to a nation wide circuit split as well as majority and minority approaches to the controversy.3 This modem dilemma undoubtedly challenges the law's pursuit of predictability, stability, and logic. Too often lawyers complicate intuitive and simple concepts with * J.D. Candidate, University of California, Hastings College of the Law, 2010; Bachelor of Arts, Economics, Minor in Psychology, University of California, Davis, 2006. This Note is dedicated to the memory of Naomi Shacham. I want to thank Judge Kathleen Thompson for her wisdom, advice and insightful comments on earlier drafts; Jessica Flynn, Megan Johnson, Anne Knight and Kara Shacket for their skillful editing; and Damon Nakamura and Dominic Signorotti for seeing this effort to a close. Special appreciation to my legal guru, mentor and friend Yoni Cohen; Ehud Gersten for sharing the strategy to success in law school, and Bita Neyestani whose constant moral support and unfailing humor have made my high school, undergraduate, and law school years manageable. Finally, I thank my parents and beautiful sister, Naum, Nava, and Nilli Grutman for their endless love, support, and encouragement. 1. Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, § 306(b), 119 Stat. 23, 80 (2005). 2. Capital One Auto Finance v. Osborn, No. 07-1726, 2008 WL 304750 at *819 (8th Cir. Feb. 5, 2008). 3. Id. HASTINGS BUSINESS LAW JOURNAL

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