DaimlerChrysler Financial Services v. Samek ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1917
DAIMLERCHRYSLER FINANCIAL SERVICES AMERICAS, LLC,
Creditor - Appellant,
v.
RICHARD VERNON SAMEK,
Debtor - Appellee.
No. 07-1918
DAIMLERCHRYSLER FINANCIAL SERVICES AMERICAS, LLC,
Creditor - Appellant,
v.
RICHARD VERNON SAMEK,
Debtor - Appellee.
Appeals from the United States Bankruptcy Court for the Eastern
District of Virginia, at Norfolk. Stephen C. St. John, Bankruptcy
Judge. (06-72001-SCS)
Submitted: August 28, 2008 Decided: September 10, 2008
Before MICHAEL, KING, and DUNCAN, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Stephen P. Hale, Jacob C. Zweig, HALE, DEWEY & KNIGHT, PLLC,
Memphis, Tennessee; M. Richard Epps, Sara A. John, M. RICHARD EPPS,
P.C., Virginia Beach, Virginia, for Appellant. Michael J. Heath,
Virginia Beach, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
DaimlerChrysler Financial Services Americas, LLC, appeals
directly from the bankruptcy court’s orders overruling its
objection and confirming the Chapter 13 plan of the Debtor,
Richard Samek. The bankruptcy court held that the bankruptcy code,
as amended by the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (“BAPCPA”), permits the debtor to surrender
undersecured collateral in full satisfaction of a secured claim.
In light of our decision in Tidewater Fin. Co. v. Kenney (In Re
Kenney), 531 F.3d 312 (4th Cir. 2008), we vacate the bankruptcy
court’s orders and remand for further proceedings consistent with
Kenney. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
VACATED AND REMANDED
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