A homeowner filed a petition for Chapter 13 bankruptcy protection, listing his negative equity property as his principal residence. The homeowner later converted his petition to Chapter 11 and listed the property as investment property since it was now rented and the homeowner lived elsewhere. The homeowner sought to reduce the principal owed on his mortgage to the property’s appraised value, a cramdown. The lender opposed the homeowner’s motion to cramdown the mortgage balance, claiming its lien was protected from modification since the property was listed as the homeowner’s principal residence in the initial filing and thus barred from modification. The homeowner claimed the mortgage was eligible for modification since the homeowner listed the property as investment property on converting his petition to Chapter 11. The bankruptcy appeals court held the homeowner is barred from modification of the mortgage since its eligibility for modification is established on the date of the original petition in bankruptcy and that petition listed the property as his principal residence. [In re: Abdelgadir (August 16, 2011) 455 BR 896]