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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 92-641
- --------
- LEONARD NOBELMAN, et ux., PETITIONERS v.
- AMERICAN SAVINGS BANK et al.
- on writ of certiorari to the united states court
- of appeals for the fifth circuit
- [June 1, 1993]
-
- Justice Thomas delivered the opinion of the Court.
- This case focuses on the interplay between two provi-
- sions of the Bankruptcy Code. The question is whether
- 1322(b)(2) prohibits a Chapter 13 debtor from relying on
- 506(a) to reduce an undersecured homestead mortgage
- to the fair market value of the mortgaged residence. We
- conclude that it does and therefore affirm the judgment
- of the Court of Appeals.
- I
- In 1984, respondent American Savings Bank loaned peti-
- tioners Leonard and Harriet Nobelman $68,250 for the
- purchase of their principal residence, a condominium in
- Dallas, Texas. In exchange, petitioners executed an
- adjustable rate note payable to the bank and secured by
- a deed of trust on the residence. In 1990, after falling
- behind in their mortgage payments, petitioners sought
- relief under Chapter 13 of the Bankruptcy Code. The
- bank filed a proof of claim with the Bankruptcy Court for
- $71,335 in principal, interest, and fees owed on the note.
- Petitioners' modified Chapter 13 plan valued the residence
- at a mere $23,500-an uncontroverted valuation-and pro-
- posed to make payments pursuant to the mortgage con-
- tract only up to that amount (plus prepetition arrearages).
- Relying on 506(a) of the Bankruptcy Code, petitioners
- proposed to treat the remainder of the bank's claim as
- unsecured. Under the plan, unsecured creditors would
- receive nothing.
- The bank and the Chapter 13 trustee, also a respondent
- here, objected to petitioners' plan. They argued that the
- proposed bifurcation of the bank's claim into a secured
- claim for $23,500 and an effectively worthless unsecured
- claim modified the bank's rights as a homestead mort-
- gagee, in violation of 11 U. S. C. 1322(b)(2). The Bank-
- ruptcy Court agreed with respondents and denied confir-
- mation of the plan. The District Court affirmed, In re
- Nobelman, 129 B. R. 98 (ND Tex. 1991), as did the Court
- of Appeals, 968 F. 2d 483 (1992). We granted certiorari
- to resolve a conflict among the Courts of Appeals. 506
- U. S. ___ (1992).
- II
- Under Chapter 13 of the Bankruptcy Code, individual
- debtors may obtain adjustment of their indebtedness
- through a flexible repayment plan approved by a bank-
- ruptcy court. Section 1322 sets forth the elements of a
- confirmable Chapter 13 plan. The plan must provide,
- inter alia, for the submission of a portion of the debtor's
- future earnings and income to the control of a trustee and
- for supervised payments to creditors over a period not
- exceeding five years. See 11 U. S. C. 1322(a)(1) and
- 1322(c). Section 1322(b)(2), the provision at issue here,
- allows modification of the rights of both secured and
- unsecured creditors, subject to special protection for
- creditors whose claims are secured only by a lien on the
- debtor's home. It provides that the plan may
- -modify the rights of holders of secured claims, other
- than a claim secured only by a security interest in real
- property that is the debtor's principal residence, or of
- holders of unsecured claims, or leave unaffected the
- rights of holders of any class of claims.- 11 U. S. C.
- 1322(b)(2) (emphasis added).
- The parties agree that the -other than- exception in
- 1322(b)(2) proscribes modification of the rights of a
- homestead mortgagee. Petitioners maintain, however, that
- their Chapter 13 plan proposes no such modification.
- They argue that the protection of 1322(b)(2) applies only
- to the extent the mortgagee holds a -secured claim- in the
- debtor's residence and that we must look first to 506(a)
- to determine the value of the mortgagee's -secured claim.-
- Section 506(a) provides that an allowed claim secured by
- a lien on the debtor's property -is a secured claim to the
- extent of the value of [the] property-; to the extent the
- claim exceeds the value of the property, it -is an un-
- secured claim.- Petitioners contend that the valuation
- provided for in 506(a) operates automatically to adjust
- downward the amount of a lender's undersecured home
- mortgage before any disposition proposed in the debtor's
- Chapter 13 plan. Under this view, the bank is the holder
- of a -secured claim- only in the amount of $23,500-the
- value of the collateral property. Because the plan pro-
- poses to make $23,500 worth of payments pursuant to the
- monthly payment terms of the mortgage contract, peti-
- tioners argue, the plan effects no alteration of the bank's
- rights as the holder of that claim. Section 1322(b)(2),
- they assert, allows unconditional modification of the bank's
- leftover -unsecured claim.-
- This interpretation fails to take adequate account of
- 1322(b)(2)'s focus on -rights.- That provision does not
- state that a plan may modify -claims- or that the plan
- may not modify -a claim secured only by- a home mort-
- gage. Rather, it focuses on the modification of the -rights
- of holders- of such claims. By virtue of its mortgage con-
- tract with petitioners, the bank is indisputably the holder
- of a claim secured by a lien on petitioners' home. Peti-
- tioners were correct in looking to 506(a) for a judicial
- valuation of the collateral to determine the status of the
- bank's secured claim. It was permissible for petitioners
- to seek a valuation in proposing their Chapter 13 plan,
- since 506(a) states that -[s]uch value shall be determined
- . . . in conjunction with any hearing . . . on a plan affect-
- ing such creditor's interest.- But even if we accept peti-
- tioners' valuation, the bank is still the -holder- of a
- -secured claim,- because petitioners' home retains $23,500
- of value as collateral. The portion of the bank's claim
- that exceeds $23,500 is an -unsecured claim componen[t]-
- under 506(a), United States v. Ron Pair Enterprises, Inc.,
- 489 U. S. 235, 239, n. 3 (1989) (internal quotation marks
- omitted); however, that determination does not necessarily
- mean that the -rights- the bank enjoys as a mortgagee,
- which are protected by 1322(b)(2), are limited by the
- valuation of its secured claim.
- The term -rights- is nowhere defined in the Bankruptcy
- Code. In the absence of a controlling federal rule, we
- generally assume that Congress has -left the determina-
- tion of property rights in the assets of a bankrupt's estate
- to state law,- since such -[p]roperty interests are created
- and defined by state law.- Butner v. United States, 440
- U. S. 48, 54-55 (1979). See also Barnhill v. Johnson, 503
- U. S. ___, ___ (1992) (slip op., at 4). Moreover, we have
- specifically recognized that -[t]he justifications for applica-
- tion of state law are not limited to ownership interests,-
- but -apply with equal force to security interests, including
- the interest of a mortgagee.- Butner, supra, at 55. The
- bank's -rights,- therefore, are reflected in the relevant
- mortgage instruments, which are enforceable under Texas
- law. They include the right to repayment of the principal
- in monthly installments over a fixed term at specified
- adjustable rates of interest, the right to retain the lien
- until the debt is paid off, the right to accelerate the loan
- upon default and to proceed against petitioners' residence
- by foreclosure and public sale, and the right to bring an
- action to recover any deficiency remaining after foreclo-
- sure. See Record 135-140 (deed of trust), 147-151
- (promissory note); 3 Tex. Prop. Code Ann. 51.002-51.005
- (Supp. 1993). These are the rights that were -bargained
- for by the mortgagor and the mortgagee,- Dewsnup v.
- Timm, 502 U. S. ___, ___ (1992) (slip op., at 7), and are
- rights protected from modification by 1322(b)(2).
- This is not to say, of course, that the contractual rights
- of a home mortgage lender are unaffected by the mort-
- gagor's Chapter 13 bankruptcy. The lender's power to
- enforce its rights-and, in particular, its right to foreclose
- on the property in the event of default-is checked by the
- Bankruptcy Code's automatic stay provision. 11 U. S. C.
- 362. See United Savings Assn. of Texas v. Timbers of
- Inwood Forest Associates, Ltd., 484 U. S. 365, 369-370
- (1988). In addition, 1322(b)(5) permits the debtor to cure
- prepetition defaults on a home mortgage by paying off
- arrearages over the life of the plan -notwithstanding- the
- exception in 1322(b)(2). These statutory limitations on
- the lender's rights, however, are independent of the
- debtor's plan or otherwise outside 1322(b)(2)'s prohibition.
- Petitioners urge us to apply the so-called -rule of the
- last antecedent,- which has been relied upon by some
- Courts of Appeals to interpret 1322(b)(2) the way peti-
- tioners favor. E. g., In re Bellamy, 962 F. 2d 176, 180
- (CA2 1992); In re Hougland, 886 F. 2d 1182, 1184 (CA9
- 1989). According to this argument, the operative clause
- -other than a claim secured only by a security interest in
- . . . the debtor's principal residence- must be read to refer
- to and modify its immediate antecedent, -secured claims.-
- Thus, 1322(b)(2)'s protection would then apply only to
- that subset of allowed -secured claims,- determined by
- application of 506(a), that are secured by a lien on the
- debtor's home-including, with respect to the mortgage in-
- volved here, the bank's secured claim for $23,500. We
- acknowledge that this reading of the clause is quite sen-
- sible as a matter of grammar. But it is not compelled.
- Congress chose to use the phrase -claim secured . . . by-
- in 1322(b)(2)'s exception, rather than repeating the term
- of art -secured claim.- The unqualified word -claim- is
- broadly defined under the Code to encompass any -right
- to payment, whether . . . secure[d] or unsecured- or any
- -right to an equitable remedy for breach of performance
- if such breach gives rise to a right to payment, whether
- . . . secure[d] or unsecured.- 11 U. S. C. 101(5) (1988
- ed., Supp. III). It is also plausible, therefore, to read -a
- claim secured only by a [homestead lien]- as referring to
- the lienholder's entire claim, including both the secured
- and the unsecured components of the claim. Indeed,
- 506(a) itself uses the phrase -claim . . . secured by a
- lien- to encompass both portions of an undersecured claim.
- This latter interpretation is the more reasonable one,
- since we cannot discern how 1322(b)(2) could be adminis-
- tered under petitioners' interpretation. Petitioners propose
- to reduce the outstanding mortgage principal to the fair
- market value of the collateral, and, at the same time, they
- insist that they can do so without modifying the bank's
- rights -as to interest rates, payment amounts, and [other]
- contract terms.- Brief for Petitioners 7. That appears to
- be impossible. The bank's contractual rights are contained
- in a unitary note that applies at once to the bank's over-
- all claim, including both the secured and unsecured com-
- ponents. Petitioners cannot modify the payment and
- interest terms for the unsecured component, as they pro-
- pose to do, without also modifying the terms of the
- secured component. Thus, to preserve the interest rate
- and the amount of each monthly payment specified in the
- note after having reduced the principal to $23,500, the
- plan would also have to reduce the term of the note
- dramatically. That would be a significant modification of
- a contractual right. Furthermore, the bank holds an
- adjustable rate mortgage, and the principal and interest
- payments on the loan must be recalculated with each
- adjustment in the interest rate. There is nothing in the
- mortgage contract or the Code that suggests any basis for
- recalculating the amortization schedule-whether by refer-
- ence to the face value of the remaining principal or by
- reference to the unamortized value of the collateral. This
- conundrum alone indicates that 1322(b)(2) cannot operate
- in combination with 506(a) in the manner theorized by
- petitioners.
- In other words, to give effect to 506(a)'s valuation and
- bifurcation of secured claims through a Chapter 13 plan
- in the manner petitioners propose would require a modifi-
- cation of the rights of the holder of the security interest.
- Section 1322(b)(2) prohibits such a modification where, as
- here, the lender's claim is secured only by a lien on the
- debtor's principal residence.
- The judgment of the Court of Appeals is therefore
-
- Affirmed.
-