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Bankruptcy Keyed to Bussel, 12th Ed.
Nobelman v. American Savings Bank
Citation:
508 U.S. 324 (1993)Facts
In 1984, American Savings Bank loaned the Nobelmans $68,250 for the purchase of their principal residence, a condominium in Dallas, Texas, secured by a deed of trust. By 1990, the Nobelmans had fallen behind on their mortgage payments and filed for Chapter 13 bankruptcy protection. The bank filed a proof of claim for $71,335 in principal, interest, and fees. The Nobelmans’ Chapter 13 plan valued their residence at only $23,500 (an uncontested valuation) and proposed to make payments on the mortgage only up to that amount, treating the remainder as an unsecured claim that would receive no payment under the plan. The Nobelmans argued that § 506(a) allowed them to bifurcate the bank’s claim into secured and unsecured portions based on the property’s value, and that § 1322(b)(2)’s anti-modification provision protected only the secured portion of the claim.
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