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IN RE SCARBOROUGH

No. 04-4298.

461 F.3d 406 (2006)

In re Frances SCARBOROUGH, Frances Scarborough, Appellant v. Chase Manhattan Mortgage Corporation.

United States Court of Appeals, Third Circuit.

Filed August 28, 2006.

Attorney(s) appearing for the Case

Frances Scarborough, [Argued], Philadelphia, PA, Pro Se Litigant.

Scott F. Waterman, Black, Stranick & Waterman, Media, PA, Irwin Trauss, [Argued], Philadelphia Legal Assistance, Philadelphia, PA, Counsel for Amicus-Appellant National Association of Consumer Bankruptcy Attorneys.

Kristina G. Murtha, [Argued], Leslie E. Smilas-Puida, Goldbeck, McCafferty & McKeever, Philadelphia, PA, Counsel for Appellee.

Before RENDELL, AMBRO and ROTH, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

In this appeal, we must determine whether a mortgage on a multi-unit dwelling in which the debtor resides qualifies for the anti-modification protection afforded by 11 U.S.C. § 1322(b)(2). That provision protects a mortgagee from having its claim in a Chapter 13 bankruptcy proceeding modified if the mortgage is secured "only by a security interest in real property that is the debtor's principal residence...

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