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IN RE HART

No. 89-6325.

923 F.2d 1410 (1991)

In re Danny L. HART and Joanne E. Hart, Debtors. EASTLAND MORTGAGE CO., Plaintiff-Appellee, v. Danny L. HART and Joanne E. Hart, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 26, 1991.

Attorney(s) appearing for the Case

James L. Bentley, UAW-GM Legal Services Plan, Oklahoma City, Okl., for debtors-defendants-appellants.

Sandy Schovanec, Phillips McFall McVay Sheets & Lovelace (Melvin R. McVay with her on the briefs), Oklahoma City, Okl., for plaintiff-appellee.

Before MOORE, TACHA and BRORBY, Circuit Judges.

PER CURIAM.

The issue in this bankruptcy case is whether a home mortgage protected by 11 U.S.C. § 1322(b)(2) can be bifurcated into secured and unsecured portions based on the fair market value of the property under a threshold application of the provisions of 11 U.S.C. § 506(a) to an undersecured mortgage. The district court found that the attempt to do so was a modification of the mortgage and, as such, was improper. We hold that the bifurcation was a...

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