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Bankruptcy Keyed to Epstein 6th Ed.
In re Enderle
Citation:
352 B.R. 444 (2006)Facts
The debtors, Nicholas and Andrea Enderle, filed a Chapter 13 bankruptcy petition on April 12, 2005. Their bankruptcy plan, which was confirmed on July 21, 2005, included the assumption of a vehicle lease with Ford Motor Credit for a 2003 Ford Ranger. On December 12, 2005, Ford filed a motion to lift the automatic stay due to the debtors’ default on lease payments totaling $633.76. After the stay was lifted, the vehicle was sold at auction on February 22, 2006, for $10,150, resulting in a deficiency balance of $852.32. Ford sought an administrative expense claim for this deficiency plus $625 in attorney fees. The debtors objected, arguing that the lease assumption did not benefit the bankruptcy estate.
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