In re Calvert

PECKHAM, Senior District Judge. In this appeal, we must decide whether the district court erred in affirming certain procedures followed by the bankruptcy court in determining the secured status of a claim pursuant to 11 U.S.C. § 506(a). On its own motion and without specific notice to the parties, the bankruptcy court fixed the value of a mobile home securing a claim held by creditor-appellant Green Tree Acceptance, Inc., (""Green Tree""), against debtors-appellees William and Debra Calvert. Because we find that these actions violated the procedural requirements of Bankruptcy Rule 3012, which implements § 506(a), we believe the district court erred and reverse accordingly.