IN RE: ANTHONY MICHAEL DONNADIO; MELISSA MARIE DONNADIO, DEBTORS, SANTANDER CONSUMER USA INC. v. ANTHONY MICHAEL DONNADIO; MELISSA MARIE DONNADIO; MICHAEL A. GALLO, CHAPTER 13 TRUSTEE - Articles

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IN RE: ANTHONY MICHAEL DONNADIO; MELISSA MARIE DONNADIO, DEBTORS, SANTANDER CONSUMER USA INC. v. ANTHONY MICHAEL DONNADIO; MELISSA MARIE DONNADIO; MICHAEL A. GALLO, CHAPTER 13 TRUSTEE

Posted by: Karen Belcher on Nov 25, 2019

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ON BRIEF: Cynthia A. Jeffrey, Edward A. Bailey, REIMER LAW, Solon, Ohio, for Appellant.

Attorneys 2: ON BRIEF: Robert Ascenzo Ciotola, Canfield, Ohio, for Debtor Appellees. Michael A. Gallo, Youngstown, Ohio, for Trustee Appellee.

Judge(s): BUCHANAN, HARRISON, and WISE, Bankruptcy Appellate Panel Judges

Court Appealed: United States Bankruptcy Court for the Northern District of Ohio at Youngstown

TRACEY N. WISE, Chief Bankruptcy Appellate Panel Judge. Appellant/Creditor Santander Consumer USA Inc. (“Creditor”) objected to the confirmation of a chapter 13 plan filed by Appellees/Debtors Anthony Michael Donnadio and Melissa Marie Donnadio (“Debtors”) because the plan does not contain specific language stating that Creditor, the holder of a “910 claim,” retains its lien on Debtors’ vehicle until full payment of its claim under nonbankruptcy law or Debtors’ discharge. Debtors and Appellee/Chapter 13 Trustee Michael Gallo (“Trustee”) opposed Creditor’s objection in the bankruptcy court. Creditor appeals from an order overruling its objection. Because the bankruptcy court erred in its interpretation of § 1325(a)(5)(B)1 as a matter of law, we REVERSE and REMAND for further proceedings consistent with this opinion.

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