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IN RE TANNER

No. 99-11895.

217 F.3d 1357 (2000)

In Re: Pamela L. TANNER, Debtor. Pamela L. Tanner, Plaintiff-Appellant, v. FirstPlus Financial, Inc., f.k.a. Remodelers National Funding, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 13, 2000.

Attorney(s) appearing for the Case

Douglas W. Neway, Bond, Botes & Neway, Orlando, FL, for Tanner.

Miriam L. Mendieta, Law Offices of David J. Stern, PA, Plantation, FL, John H. Pelzer, Ruden, Burnett, McClosky, Smith, Schuster & Russell, P.A., Ft. Lauderdale, FL, for Defendant-Appellee.

Before BLACK, CARNES and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

In the wake of Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), in which the Supreme Court held that the rights of an undersecured homestead lender are protected from modification in Chapter 13 bankruptcy proceedings, we address whether this holding extends to wholly unsecured homestead lenders.1 We conclude that it does not.

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