Kansas Case Determines that 910 Claims Are Not Entitled to Interest!

This bankruptcy case out of Kansas, In re Kinsey, states that 910 car claims are not entitled to interest, because they are not “allowed secured claims” which would otherwise be entitled to interest under the Code. The case substantially relies on the Dewsnup v. Timm Supreme Court case. I am not aware of any other jurisdictions that have taken the same stance and I know that this issue has not been decided by the Fresno Bankruptcy Court. As a matter of practice, most Chapter 13 plans in the Fresno division contain the contract or Till interest rate.

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