United States First Circuit

Grant of debtor's motion to bifurcate a mortgage lender's claim and denial of the lender's motion to vacate the orders are affirmed where: 1) the bankruptcy court correctly interpreted section 1322(b)(2) of the Bankruptcy Code as allowing bifurcation; 2) the lender was allowed a reasonable opportunity to object to the valuation of the collateral in question; 3) the bankruptcy court correctly applied the burden of proof; and 4) the lender did not show prejudice resulting from the denial of its motion to vacate.

Appellate Information

• Decided 04/03/2007
• Published 04/03/2007

Judges

• STAHL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Howard M. Brown, with whom James M. Liston, Thomas M. Looney, and Bartlett Hackett Feinberg P.C. were on brief, for appellant.


• For Appellees:
  
• Laurel E. Bretta, with whom Bretta & Grimaldi, P.A., was on brief, for appellees.