From the Editor – Lien Issues

By The Honorable William Houston Brown (Retired)

Manufactured home did not become accession to real property. The creditor holding security interest in a manufactured home objected to confirmation, on the basis that § 1322(b)(2)’s anti-modification provision prevented bifurcation of its claim into secured and unsecured parts. The Eighth Circuit noted that the Bankruptcy Code does not resolve the issue of whether a manufactured home is real or personal property, and the Court looked to Iowa common law for when personal property may become a fixture. The intention of the party making the annexation . . .

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