Court of Appeals for the First Circuit July 13, 2000, 99-11895 (In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National Funding)

KRAVITCH, Circuit Judge:

In the wake of

Nobelman v. American Savings Bank,

508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), in which the Supreme Court held that the rights of an undersecured homestead lender are protected from modification in Chapter 13 bankruptcy proceedings, we address whether this holding extends to wholly unsecured homestead lenders.

1

We conclude that it does not.

I.