IN RE WITT

No. 96-1683.

113 F.3d 508 (1997)

In re Clarence Gordon WITT; Carolyn Sue Witt, Debtors. Clarence Gordon WITT; Carolyn Sue Witt, Plaintiffs-Appellants, v. UNITED COMPANIES LENDING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1997.


Attorney(s) appearing for the Case

ARGUED: Robert Mitchell Garbee, Wilson, Garbee & Rosenberger, Lynchburg, VA, for Appellants. Paul Joseph Feinman, Fralin, Feinman, Coates & Kinnier, P.C., Lynchburg, VA, for Appellee.

Before RUSSELL, MICHAEL, and MOTZ, Circuit Judges.


Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge RUSSELL and Judge MOTZ joined.

OPINION

MICHAEL, Circuit Judge:

Here we must decide whether 11 U.S.C. § 1322(c)(2), enacted as part of the Bankruptcy Reform Act of 1994, allows Chapter 13 debtors to bifurcate undersecured home mortgage loans into separate secured and unsecured claims. Before § 1322(c)(2) was enacted, the Supreme Court in Nobelman v. American...

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