Legal Opinion

Nobelman v. American Savings Bank

Supreme Court of the United States

Decided June 1, 1993No. 92-641PublishedCited by 876 opinions

1Opinion of the CourtJustice Thomas

This case focuses on the interplay between two provisions of the Bankruptcy Code. The question is whether § 1322(b)(2) prohibits a Chapter 13 debtor from relying on § 506(a) to reduce an undersecured homestead mortgage to *326the fair market value of the mortgaged residence. We conclude that it does and therefore affirm the judgment of the Court of Appeals.

I

In 1984, respondent American Savings Bank loaned petitioners Leonard and Harriet Nobelman $68,250 for the purchase of their principal residence, a condominium in Dallas, Texas. In exchange, petitioners executed an adjustable rate note payable…

2Cases cited11 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. Dewsnup v. TimmSupreme Court of the United States · 1992
  5. Barnhill v. JohnsonSupreme Court of the United States · 1992

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3Cited by876 opinions

  1. Barnhart v. ThomasSupreme Court of the United States · 2003
  2. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  3. Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
  4. Birmingham v. PNC Bank, N.A. (In Re Birmingham)Court of Appeals for the Fourth Circuit · 2017
  5. Lockhart v. United StatesSupreme Court of the United States · 2016

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