The Paddock, LLC v. Bennett, No. 18-2098 (8th Cir. 2019)
Annotate this Case
The Bankruptcy Appellate Panel affirmed the bankruptcy court's holding that 11 U.S.C. 1322(b)(2)'s anti-modification provision did not apply to the Paddock's claim in debtors' manufactured home. Debtors' plan proposed that The Paddock's secured claim in their manufactured home would be bifurcated into secured and unsecured parts.
The panel held that the bankruptcy court did not clearly err in finding that the home did not meet Iowa's fixture test and was therefore not real property. In this case, the home sits on piers and blocks, and the bankruptcy court found nothing in the record to show The Paddock's intent to make the manufactured home a fixture.
Court Description: Benton, Author, with Beam and Erickson, Circuit Judges] Civil case - Bankruptcy. For the Bankruptcy Appellate Panel's decision in the matter, see In Re Bennett, 584 B.R. 15 (BAP 8th Cir. 2018). The bankruptcy court's finding that debtor's manufactured home did not meet Iowa's fixture test and was not real property was not clearly erroneous. Judge Beam, dissenting.
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.