Legal Opinion

Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)

Court of Appeals for the Fifth Circuit

Decided May 15, 2000No. 99-20463PublishedCited by 64 opinions

1Opinion of the Court

ROBERT M. PARKER, Circuit Judge:

Appellant Ronald Bartee (“Debt- or”) seeks review of an order sustaining the objection of Appellee Tara Colony Homeowners Association (“Creditor”) to his proposed Chapter 13 Plan (the “Plan”). Under the Plan, Debtor moved to “cram-down” 2 Creditor’s claim that is secured by a subordinate lien on Debtor’s principal residence. Debtor argues that since no equity exists in the residence after satisfaction of the senior mortgage, pursuant to the valuation and classification provisions of Bankruptcy Code § 506, Creditor holds only an unsecured claim. Consequently,…

2Cases cited84 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Dewsnup v. TimmSupreme Court of the United States · 1992
  3. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  4. In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
  5. Ronald E. Grubbs v. Houston First American Savings AssociationCourt of Appeals for the First Circuit · 1984

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3Cited by64 opinions

  1. In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
  2. Robert Ranta v. Thomas GormanCourt of Appeals for the Fourth Circuit · 2013
  3. In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National FundingCourt of Appeals for the First Circuit · 2000
  4. Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
  5. In Re PondCourt of Appeals for the Second Circuit · 2001

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