From our private database of 26,900+ case briefs...
In re Jones
United States Court of Appeals for the Fourth Circuit
591 F.3d 308 (2010)
David and Kirsten Jones (plaintiffs), residents of West Virginia, purchased a vehicle from DaimlerChrysler Financial Services Americas, LLC (DaimlerChrysler) (defendant) on an installment contract. The contract provided DaimlerChrysler with a security interest in the vehicle to ensure payment and contained a so-called ipso facto clause specifying that the Joneses’ voluntary or involuntary entrance into bankruptcy proceedings would constitute default. David Jones filed a bankruptcy petition under Chapter 7. In the paperwork requiring him to state whether he intended to redeem the vehicle or reaffirm the underlying debt, he indicated neither but simply stated that he would continue making payments. A statutory 45-day period for redemption or reaffirmation expired on July 31, 2006, without any move by Jones to redeem or reaffirm. DaimlerChrysler moved the bankruptcy court to terminate the automatic stay with respect to the vehicle. The court did so, and DaimlerChrysler then repossessed the vehicle pursuant to the ipso facto clause. The Joneses filed an adversary complaint against DaimlerChrysler. The bankruptcy court ordered DaimlerChrysler to return the vehicle on the grounds that Mr. Jones was not legally required to state his intent to redeem or reaffirm and that his decision to continue payments gave him the right to retain the vehicle under the “ride-through” option recognized by the Fourth Circuit. The district court reversed. The Joneses appealed.
Rule of Law
Holding and Reasoning (Shedd, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 540,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 540,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.