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September 12, 2009

Circuit Court of Appeals Cases from Last Week (a good day for Ford)

5th Circuit Court of Appeals, September 09, 2009
Ford Motor Credit Co. v. Dale, --- F.3d ---, 2009 WL ----------- (5th Cir. 2009)(Ford has purchase-money security interest in those portions of a claim attributable to the payoff of negative equity in a trade-in vehicle, gap insurance, and an extended warranty)

8th Circuit Court of Appeals, September 08, 2009
Ford Motor Credit Co. v. Mierkowski, --- F.3d ---, 2009 WL ----------- (8th Cir. 2009)(2-1 ruling that under Missouri law, the amount financed to pay off the negative equity in the trade-in is part of the price of the new car, thus it is a purchase-money obligation)

8th Circuit Court of Appeals, September 09, 2009
In re Callicott, --- F.3d ---, 2009 WL ----------- (8th Cir. 2009)(creditor has a purchase-money security interest in its entire claim, including the negative equity financing resulting from debtor's trade-in vehicle - this was the same panel as the Mierkowski case above)

Thanks to Findlaw.com. 

September 12, 2009 in Other Circuit Briefs | Permalink

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