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- 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 Stevens, concurring.
- At first blush it seems somewhat strange that the
- Bankruptcy Code should provide less protection to an
- individual's interest in retaining possession of his or her
- home than of other assets. The anomaly is, however,
- explained by the legislative history indicating that favor-
- able treatment of residential mortgagees was intended to
- encourage the flow of capital into the home lending
- market. See Grubbs v. Houston First American Savings
- Assn., 730 F. 2d 236, 245-246 (CA5 1984) (canvassing
- legislative history of Chapter 13 home mortgage provi-
- sions). It therefore seems quite clear that the Court's
- literal reading of the text of the statute is faithful to the
- intent of Congress. Accordingly, I join its opinion and
- judgment.
-