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Pepperdine Law Review

Till v. SCS Credit Corp.: Can You "Till" Me How to Cram This Down? The Supreme Court Addresses the Proper Approach to Calculating Cram Down Interest Rates

Phillip J. Giese

 

Abstract

This note will examine the Court's decision in Till v. SCS Credit Corp. Part II will provide a brief historical background of federal bankruptcy legislation. Part III will examine the policy, evolution, and process of Chapter 13 debt adjustment. Part IV will discuss the cram down provision and the various methods of computing the cram down rate. Part V will provide the facts and procedural history of Till. Part VI will analyze and critique the plurality, dissenting, and concurring opinions of Till. Finally, Part VII will discuss the legal impact of Till and what the case means for the average consumer.