The Paddock, LLC v. Bennett, No. 17-6025 (8th Cir. 2018)
Annotate this CaseThe Bankruptcy Appellate Panel affirmed the bankruptcy court's orders confirming debtors' chapter 13 plan. In order for the anti-modification provisions of 8 U.S.C. 1322(b)(2) to apply, creditors' claim must both be secured only by an interest in real property and the real property must be the debtor's principal residence. The panel held that debtors could modify creditor's secured plan because debtors' manufactured home was not a fixture under Iowa law. In this case, the panel saw no reason to disturb the bankruptcy court's finding that debtors' testimony was credible and that they did not intend to make the home a permanent accession to the real estate.
Court Description: Shodeen, Author, with Saladino and Sanberg, Bankruptcy Judges] Bankruptcy Appellate Panel. Debtors' manufactured home was not a fixture, as credible evidence supported the bankruptcy court's determination that the parties did not intend to make the home a permanent accession to the real estate. [ April 18, 2018
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.