National Bank of Alaska, N.A. v. Donald R. Parker, and Doris J. Parker

5 F.3d 538 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATIONAL BANK OF ALASKA, N.A. Appellant, v. Donald R. PARKER, and Doris J. Parker, Appellees. No. 92-35524. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1993. * Decided Aug. 16, 1993. Appeal from the United States District Court for the District of Alaska; James K. Singleton, District Judge, Presiding. D.Alaska. REVERSED AND REMANDED. Before: SCHROEDER, FLETCHER, and ALARCON, Circuit Judges. MEMORANDUM ** This case involves the status of a mortgage on a principal residence when the owner files for Chapter 13 bankruptcy, and the market value of the residence is less than the amount remaining on the mortgage. The question presented is whether the mortgagee's claim may be bifurcated into a secured claim for the amount representing the market value of the property, and an unsecured claim for the amount representing the difference between the market value and the remainder of the mortgage. The…