IN RE ENEWALLY

Nos. 02-57119, 02-57151.

368 F.3d 1165 (2004)

In re Ikechukwu MacDonald ENEWALLY; In re Uzoamaka B. Enewally, Debtors. Ikechukwu MacDonald Enewally; Uzoamaka B. Enewally, Appellants, v. Washington Mutual Bank, Appellee. In re Uzoamaka B. Enewally, Debtor. Washington Mutual Bank, Petitioner-Appellant, Ikechukwu MacDonald Enewally, Respondent-Appellee, v. Uzoamaka B. Enewally, Respondent-Appellee, and Ikechukwu MacDonald Enewally, Debtor.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2004.


Attorney(s) appearing for the Case

Thomas G. Kemerer, Law Offices of Stephen M. Taylor, Long Beach, CA, for the appellants/cross-appellees.

Alan S. Wolf, The Wolf Firm, Newport Beach, CA, for the appellee/cross-appellant.

Before: CANBY, JR., RYMER, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

In this appeal, we consider whether a Chapter 13 bankruptcy plan may provide for dividing a loan into secured and unsecured claims, commonly referred to as "lien stripping," with the debtor satisfying the secured claim beyond the life of the Chapter 13 plan. We conclude that this type of plan is not permitted under Chapter 13 of the Bankruptcy Code, and we affirm the judgment of the district court.

I

In 2000, Ikechukwu and...

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