Circuit split · bankruptcy law
Whether § 1322(b)(2)'s anti-modification protection bars a Chapter 13 debtor from stripping off a wholly undersecured (valueless) junior mortgage or lien on the debtor's principal residence
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Bartee v. Tara Colony Homeowners Ass'n212 F3D 277
Fifth Circuit Court of Appeals · May 15, 2000
“The New Split in Authority The different positions staked out by the parties reflect a substantial split of authority among the courts that have addressed § 1322(b)(2)’s applicability to a wholly undersecured second mortgage or lien.” — Split of authority
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Joined by · 9th Cir. BAPIn re Lam211 B.R. 36
- Joined by · 3d Cir.In re McDonald205 F.3d 606
- Discussed · M.D.Ga.American Gen. Fin. v. Dickerson229 B.R. 539
What the split turns on
- Anchor precedents:
- Nobelman508 U.S. 324
- Statutes:
- § 1322(b)(2) ·
- § 506(a)
- Doctrines & tests:
- cramdown ·
- bifurcation
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.