In re Enderle

352 B.R. 444 (2006)

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In re Enderle

United States Bankruptcy Court for the Eastern District of Michigan
352 B.R. 444 (2006)

Facts

Nicholas and Andrea Enderle (debtors) filed a chapter 13 bankruptcy petition in April 2005. The bankruptcy court subsequently confirmed the Enderles’ chapter 13 plan, which provided, among other things, that the Enderles would assume a vehicle lease with Ford Motor Credit Company (creditor) for their 2003 Ford Ranger. In December 2005, Ford Motor Credit asked the bankruptcy court to lift the automatic stay on collection efforts because the Enderles were in default on their lease payments. The bankruptcy court lifted the stay, and the Ford Ranger was sold at an auction. After the sale, the Enderles still owed a deficiency balance of $852.32 on the lease. Ford Motor Credit then asked the bankruptcy court to allow an administrative-expense claim under 11 U.S.C. § 503(b)(1)(A) in the amount of $1,477.32, which was the amount of the deficiency plus $625 in attorney fees. The Enderles objected to Ford Motor Credit’s request. After a hearing, the bankruptcy court orally granted Ford Motor Credit an administrative-expense claim of $852.32. The bankruptcy court then issued a written decision to supplement its oral order.

Rule of Law

Issue

Holding and Reasoning (Rhodes, C.J.)

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