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Debtors filed for Chapter 13 bankruptcy; their plan proposed that appellant’s secured claim in debtor’s manufactured home would be bifurcated into secured and unsecured parts. The bankruptcy court overruled appellant’s objection, ruling that the anti-modification provision of the bankruptcy code did not apply to appellant’s claim.
Where debtors owned the manufactured home while appellant owned the lot on which it sat and charged debtors a monthly fee to lease and the home could be removed without substantial loss of value, there was no evidence of intent to make the home a permanent fixture, and thus the anti-modification did not apply because the home was personal rather than real property.
Judgment is affirmed.
The Paddock LLC v. Bennett (MLW No. 72836/Case No. 18-2098 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. Bankruptcy Appellate Panel for the 8th Circuit (Siobhan Briley for appellant) (Rush Manatt Shortley for appellee)
