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Nobelman v. American Savings Bank

Nobelman v. Am. Sav. Bank, 508 U.S. 324 (1993)

Court
Supreme Court of the United States
Decided
1993-06-01
Docket
92-641

What happened

The Nobelmans owed more on the loan for their Dallas, Texas condominium than it was worth and asked to reduce the mortgage to the home's value in Chapter 13.

What the court decided

The Supreme Court held that Chapter 13 does not allow a debtor to reduce ("cram down") a mortgage secured only by the debtor's principal residence to the home's value.

Why it may matter to you

Know what Chapter 13 can and cannot do: it can let you catch up on missed payments over time, but it usually cannot shrink the first mortgage.

Why it might not apply

A wholly unsecured junior lien is treated differently (Bartee in the Fifth Circuit). The right to cure arrears over the plan is untouched.

Most useful when

  • You owe more on your first mortgage than the home is worth and are considering Chapter 13

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 citationNobelman v. Am. Sav. Bank, 508 U.S. 324 (1993)Short formNobelman, 508 U.S. 324

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

In Nobelman v. Am. Sav. Bank, 508 U.S. 324 (1993), the court held that a Chapter 13 debtor may not reduce a mortgage secured only by the principal residence to the fair market value of the home. Here, [say in one sentence what happened in your case]

Ask Techy about this case

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