In Re Murry-Hudson

ORDER AND MEMORANDUM DECISION

This Chapter 13 case is before the Court pursuant to the motion of debtor Barbara J. Murry-Hudson (“Hudson”) to compel creditor Ford Motor Credit Company (“Ford”) to comply with the terms of Hudson’s confirmed Chapter 13 plan. That plan requires Ford to release its lien on the debtor’s automobile once its secured claim is paid. Hudson has paid Ford’s secured claim on her automobile, and now seeks to have Ford turn over the certificate of title. Ford opposes debtor’s motion, and urges that it not be required to deliver the certificate of title until Hudson completes her plan and receives her discharge. Alternatively, it suggests that the certificate of title be lodged with the Chapter 13 trustee, who would deliver it to the debtor upon the final payment provided for in the plan.

At the August 13, 1992 hearing the parties essentially stipulated to all of the facts which are relevant and material to this dispute. They may be summarized as follows:

On or about February 13, 1989 Hudson purchased a brand new 1989 Hyundai GL for $9957.68. Ford loaned her $8,957.68 towards this purchase and charged her interest at 18.91% per annum. After allowing for a…