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Bartee v. Tara Colony Homeowners Ass'n

Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)

Court
United States Court of Appeals for the Fifth Circuit
Decided
2000-05-15
Docket
99-20463

What happened

Mr. Bartee filed Chapter 13. His home was worth less than the first mortgage, so the HOA's junior lien had no value behind it. The lower courts would not let him treat it as unsecured.

What the court decided

The Fifth Circuit held that Chapter 13's anti-modification protection does not cover a junior lien that is wholly unsecured — not supported by any value in the home — so the plan may treat it as unsecured.

Why it may matter to you

In Chapter 13, a second mortgage or HOA lien with no equity behind it may be reduced to unsecured debt — sometimes a big relief. Binding on federal courts in Texas.

Why it might not apply

Only if the lien is WHOLLY unsecured; if even a dollar of value supports it, Nobelman protects it. Chapter 7 is different (Caulkett). Valuation is fought over — get a bankruptcy lawyer.

Most useful when

  • Your first mortgage is more than your home is worth, and you also owe a second lien or HOA lien

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationBartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)Short formBartee, 212 F.3d 277

Draft — check it with free legal aid before you file or say it in court.

In Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000), the court held that Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home. Here, [say in one sentence what happened in your case]

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