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.
United States Court of Appeals, Tenth Circuit.
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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