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IN RE BARTEE

No. 99-20463.

212 F.3d 277 (2000)

In the Matter of: Ronald BARTEE, Debtor. Ronald Bartee, Appellant, v. Tara Colony Homeowners Association and Daniel E. O'Connell, Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 18, 2000.

Attorney(s) appearing for the Case

Johnie Joe Patterson, II (argued), Walker & Patterson, Houston, TX, for Appellant.

Robert L. Negrin (argued), Hoover, Bax & Slovacek, Houston, TX, for Tara Colony Homeowners Ass'n.

H. Gray Burks, IV (argued), Houston, TX, for O'Connell.

Before HIGGINBOTHAM and PARKER, Circuit Judges, and ATLAS, District Judge.

Rehearing and Rehearing En Banc Denied July 18, 2000.

ROBERT M. PARKER, Circuit Judge:

Appellant Ronald Bartee ("Debtor") seeks review of an order sustaining the objection of Appellee Tara Colony Homeowners Association ("Creditor") to his proposed Chapter 13 Plan (the "Plan"). Under the Plan, Debtor moved to "cramdown"2 Creditor's claim that is secured by a subordinate lien on Debtor's principal residence. Debtor argues that since...

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