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CAPITAL ONE AUTO FINANCE v. OSBORN

No. 07-1726.

515 F.3d 817 (2008)

CAPITAL ONE AUTO FINANCE, Movant-Appellant, v. Nathan L. OSBORN and Catherine C. Osborn, Debtors-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 5, 2008.

Attorney(s) appearing for the Case

Cynthia. M. Woolverton, Argued, Mindy D. Smith, on the Brief, St. Louis, MO, for Appellant.

Vanessa C. Hayden, Argued, Raymore, MO, for Appellee.

Before WOLLMAN and BENTON, Circuit Judges, and DOTY, District Judge.

BENTON, Circuit Judge.

Nathan L. and Catherine C. Osborn purchased a Chevrolet financed by Capital One. Capital One repossessed it three days before the Osborns filed for Chapter 13 bankruptcy. The Chapter 13 plan proposed that the surrender of the Chevrolet was in full satisfaction of the debt owed to Capital One. Capital One objected to confirmation of the plan, asserting a deficiency claim. The bankruptcy court ruled that the Osborns were permitted under 11 U.S...

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