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IN RE EUBANKS

BAP Nos. 97-8078, 97-8084.

219 B.R. 468 (1998)

In re Timothy R. EUBANKS and Tonya J. Eubanks, Debtors. FIRST UNION MORTGAGE CORPORATION, Appellant, v. Timothy R. EUBANKS and Tonya J. Eubanks, Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided May 12, 1998.

Attorney(s) appearing for the Case

John F. Cannizzaro, Cannizzaro, Frasier & Bridges, Marysville, OH, for Appellees.

J. Micahel Debbeler, Catherine L. Evans, Lerner, Sampson and Rothfuss, Cincinnati, OH, for Appellant.

Before: BAXTER, LUNDIN, and STOSBERG, Bankruptcy Appellate Panel Judges.

OPINION

First Union Mortgage Corporation appeals the bankruptcy court's orders overruling objections and confirming the Debtor's Chapter 13 plan. The bankruptcy court held that the 1994 enactment of 11 U.S.C. § 1322(c)(2) created an exception to the protection from modification in § 1322(b)(2) that permitted a Chapter 13 plan to bifurcate an undersecured "short term" mortgage on the debtors' principal residence. We affirm.

I. ISSUE ON APPEAL<...

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