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Tidewater Finance Company v. Moffett

United States Court of Appeals for the Fourth Circuit
356 F.3d 518 (2004)


Marlene Moffett (plaintiff) bought a car from Hendrick Honda (Honda), which retained a security interest in the car. Honda assigned its interest in the car to Tidewater Finance Company (Tidewater) (defendant). After Moffett defaulted on payments, Tidewater repossessed the car. Moffett subsequently filed for Chapter 13 reorganization under the United States Bankruptcy Code (Code). Moffett’s reorganization plan provided that she would make the monthly installment payments required by the initial purchase agreement, cure the overdue payments over the course of the plan, and pay all interest. Moffett’s plan was a restructuring of the payment schedule that would enable her to exercise her lawful right to redeem the car. Based on Moffett’s right to redeem and the Code’s turnover provisions, Moffett informed Tidewater of the Chapter 13 filing and demanded that Tidewater return the car. The bankruptcy court ruled in Moffett’s favor, ordering the return of the car because Tidewater’s security interest was adequately protected under the reorganization plan. Tidewater appealed.

Rule of Law


Holding and Reasoning (Wilkinson, J.)

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