Legal Opinion

McConnell v. NWA Credit Union (In Re McConnell)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided December 30, 2003No. 03-6030MNPublishedCited by 2 opinions

1Opinion of the Court

VENTERS, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court 1 dated May 30, 2003, denying confirmation of the Chapter 13 plan proposed by Field McConnell and Allison McConnell because it impermissi-bly modified the secured claim of NWA Credit Union. The bankruptcy court determined that the claim was protected against modification under 11 U.S.C. § 1322(b)(2) as a mortgage secured solely by the McConnells’ principal residence. For the reasons stated below, we dismiss the appeal for lack of jurisdiction.

I. BACKGROUND

The Debtors in this Chapter 13 proceeding, Field…

2Cases cited15 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. Inalene Lewis v. United States of America, Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1993
  3. Nicholas and Virginia Maiorino v. Branford Savings BankCourt of Appeals for the Second Circuit · 1982
  4. Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
  5. Bankr. L. Rep. P 77,458 First National Bank Eureka State Bank v. Herbert Warren Allen, III Donna Mae AllenCourt of Appeals for the First Circuit · 1997

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3Cited by2 opinions

  1. Zahn v. Fink (In Re Zahn)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2007
  2. Zahn v. Fink (In Re Zahn)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2007

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