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IN RE STEMBRIDGE

No. 03-11143.

394 F.3d 383 (2004)

In the Matter of Dawn M. STEMBRIDGE, Debtor. Chase Manhattan Bank USA NA, Appellant-Cross-Appellee, v. Dawn M. Stembridge, Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 2004.

Attorney(s) appearing for the Case

John Ward Holliday (argued), Rudri Himat Bhatt-Patel, J. Ward Holliday & Associates, Dallas TX, for Chase Manhattan Bank.

Behrooz P. Vida (argued), Venable & Vida, Bedford, TX, for Stembridge.

Before DeMOSS, DENNIS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Creditor appeals from the bankruptcy court's valuation of creditor's secured collateral for the purposes of confirming debtor's cram-down plan. The bankruptcy court ruled that the value of the collateral would be the greater of two values, one premised on the collateral's foreclosure value as of the petition date, and the other based on the replacement value determined as of the plan confirmation date. Because we hold that the bankruptcy...

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