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IN RE PASCHEN

No. 01-16353.

296 F.3d 1203 (2002)

In Re: Richard W. PASCHEN, Debtor. American General Finance, Inc., Plaintiff-Appellant, v. Richard W. Paschen, Doreen A. Paschen, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 10, 2002.

Attorney(s) appearing for the Case

Larry W. Johnson, Morris, Schneider & Prior, L.L.C., Atlanta, GA, for Plaintiff-Appellant.

William A. Edwards, Columbus, GA, for Defendants-Appellees.

D. Jean Ryan, Law Office of D. Jean Ryan, Miami, FL, for Amicus National Association of Consumer Bankruptcy Attorney.

Before WILSON, HILL and ALARCON, Circuit Judges.

WILSON, Circuit Judge:

This case presents an issue of first impression in this Circuit: Does 11 U.S.C. § 1322(c)(2) permit Chapter 13 debtors to bifurcate undersecured, short-term1 home mortgages into secured and unsecured claims, with the unsecured claim subject to "cramdown" pursuant to 11 U.S.C. § 1325(a)(5)? The bankruptcy court, in confirming Richard and Doreen Paschen's (Debtors') Chapter 13 plan, held that § 1322...

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