9th Circuit Says BAPCPA Eliminated “Pay-to-Drive” Ride Through

In In re Dumont, — F.3d —-, 2009 WL 2928930 (9^th Cir. 2009), the Court of Appeals for the Ninth Circuit held that BAPCPA eliminated the ‘pay-and-drive’ ride through which the Ninth Circuit had sanctioned in McClellan Fed. Credit Union v. Parker (In re Parker), 139 F.3d 668 (9th Cir.1998).  The Court of Appeals explained, “Having decided that section 521(a)(2)(C), in conjunction with section 362(h), disallows ride-through, we need not consider whether ride-through may also have been terminated under the provisions of section 521(a)(6). We merely note that the existence of section 521(a)(6) provides further evidence of Congress’s intent to eliminate-or at least to restrict-ride-through.