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IN RE ENNIS

No. 07-2134.

558 F.3d 343 (2009)

In re Donnie Ray ENNIS; Thelma Marie Ennis, Debtors. Donnie Ray Ennis; Thelma Marie Ennis, Debtors-Appellants, v. Green Tree Servicing, LLC, Creditor-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 25, 2009.

Attorney(s) appearing for the Case

Stephen E. Dunn, Stephen E. Dunn, P.L.L.C., Forest, Virginia, for Appellants. W. Calvin Smith, Spilman, Thomas & Battle, P.L.L.C., Roanoke, Virginia, for Appellee.

Reversed by published opinion. Judge MICHAEL wrote the opinion, in which Judge NIEMEYER and Judge BENNETT joined.

OPINION

MICHAEL, Circuit Judge:

The anti-modification clause in § 1322(b)(2) of the Bankruptcy Code prevents a Chapter 13 debtor from bifurcating a secured claim into secured and unsecured portions if the claim is "secured only by a security interest in real property that is the debtor's principal residence." 11 U.S.C. § 1322(b)(2). The issue in this appeal is whether the definition (added in 2005) of "debtor's principal residence," which includes...

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