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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- NOBELMAN et ux. v. AMERICAN SAVINGS BANK
- certiorari to the united states court of appeals for
- the fifth circuit
- No. 92-641. Argued April 19, 1993-Decided June 1, 1993
-
- In their debt repayment plan under Chapter 13 of the Bankruptcy
- Code, petitioners relied on 11 U. S. C. 506(a)-which provides, inter
- alia, 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,'' and
- ``is an unsecured claim'' to the extent it exceeds that value-to
- propose that the mortgage on their principal residence in Texas be
- reduced from $71,335 to the residence's $23,500 fair market value.
- Respondents, the mortgage lender and the Chapter 13 trustee,
- objected to the plan, arguing that the proposed bifurcation of the
- lender's claim into a secured claim for $23,500 and an effectively
- worthless unsecured claim modified its rights as a homestead
- mortgagee in violation of 1322(b)(2), which, among other things,
- allows a plan to ``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.'' The Bankruptcy Court agreed
- with respondents and denied confirmation of the plan. The District
- Court and the Court of Appeals affirmed.
- Held: Section 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. Although petitioners were
- correct in looking to 506(a) for a judicial valuation of their residence
- to determine the status of the lender's secured claim, that valuation
- does not necessarily limit the lender's ``rights [as a claim] holde[r],''
- which are the focus of 1322(b)(2)'s protection. In the absence of a
- controlling Bankruptcy Code definition, it must be presumed that
- Congress left the determination of property ``rights'' in estate assets
- to state law. Butner v. United States, 440 U. S. 48, 54-55. The
- mortgagee's ``rights,'' therefore, are reflected in the relevant mortgage
- instruments, which are enforceable under Texas law. Those rights
- include, among others, the right to repayment of the principal in
- monthly installments over a fixed term at specified adjustable
- interest rates, and they are protected from modification by
- 1322(b)(2). That section's ``other than'' exception cannot be read to
- protect only that subset of allowed ``secured claims,'' determined by
- application of 506(a), that are secured by a lien on the debtor's
- home. Rather, the more reasonable interpretation is to read ``a claim
- secured only by a [homestead lien]'' as referring to the lienholder's
- entire claim, including both its secured and unsecured components,
- since it would be impossible to reduce petitioners' outstanding
- mortgage principal to $23,500 without modifying the mortgagee's
- contractual rights as to interest rates, monthly payment amounts, or
- repayment term. Pp. 2-8.
- 968 F. 2d 483, affirmed.
- Thomas, J., delivered the opinion for a unanimous Court. Stevens,
- J., filed a concurring opinion.
-