Bartee v. Tara Colony Homeowners Ass'n

ROBERT M. PARKER, Circuit Judge:

Appellant Ronald Bartee (“Debtor”) 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,…