Unpublished Dispositionnotice: Tenth Circuit Rule 36.3 States That Unpublished Opinions and Orders and Judgments Have No Precedential Value and Shall Not Be Cited Except for Purposes of Establishing the Doctrines of the Law of the Case, Res Judicata, or Collateral Estoppel.in Re Darwin John Moretti and Morita Moretti, Debtorsdarwin John Moretti and Morita Moretti, Appellees, v. Lumbermen's Investment Corp., Appellant, 930 F.2d 34 (10th Cir. 1991)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

This is an appeal from an order of the district court sitting as an appellate court in bankruptcy. A creditor, Lumbermen's Investment Corp., asserts the district court erred in affirming the bankruptcy court's confirmation of the debtors' chapter 13 plan. We disagree.

The creditor asserts two issues. First, it is contended that the plan improperly permits the bifurcation of the creditor's claim contrary to the provisions of 11 U.S.C. § 1322(b) (2). This issue has recently been decided to the contrary in Hart v. Eastland Mortgage Co., --- F.2d ----, 1991 WL 3364 (10th Cir. 1991). Next, the creditor contends its debt was not subject to the provisions of the plan because the debtors exempted from the bankruptcy estate the property subject to the creditor's claims. This issue was not raised in the district court; therefore, we will not consider it for the first time on appeal. Baker v. Penn Mut. Life Ins. Co., 788 F.2d 650, 663 (10th Cir. 1986).

AFFIRMED.