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IN RE WAGES

BAP No. ID-12-1397-JuKiKu. Bankruptcy No. 8:11-bk-40249-JDP.

508 B.R. 161 (2014)

In re Clayton Hoyt WAGES and Andrea S. Wages, Debtors. Clayton Hoyt Wages; Andrea S. Wages, Appellants, v. J.P. Morgan Chase Bank, N.A.; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed March 7, 2014.

Attorney(s) appearing for the Case

Brent Taylor Robinson, Esq., Robinson, Athone & Tribe, argued, Rupert, ID, for appellants Clayton Hoyt Wages and Andrea S. Wages; Jon A. Stenquist, Esq., Moffatt Thomas Barrett Rock & Fields, Chtd., argued, Idaho Falls, ID, for appellee J.P. Morgan Chase Bank, N.A.

Before: JURY, KIRSCHER, and KURTZ, Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

Debtors, Clayton Hoyt Wages and Andrea S. Wages, appeal from the bankruptcy court's order denying confirmation of their chapter 111 plan in which they sought to modify the terms of a mortgage on their real property held by appellee-creditor, J.P. Morgan Chase Bank, N.A. (Creditor).

At issue is whether the anti-modification provision under § 1123(b)(5) applies to any loan secured only...

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