Via Justia
Wells Fargo Bank, N.A. v. Scantling
Court: U.S. 11th Circuit Court of Appeals
| Docket: 13-10558 | Opinion Date: June 18, 2014 |
Judge: Schlesinger
Areas of Law: Bankruptcy
Debtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code, seeking to determine the secured status of the second and third mortgages held by Wells Fargo on debtor’s principal residence. At issue was whether debtor can “strip off” a wholly unsecured junior mortgage in a Chapter 20 case. The court concluded that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) did not prohibit this result. Accordingly, the court affirmed the Bankruptcy Court’s determination that debtor could strip off Wells Fargo’s second and third liens on the residence because they were wholly unsecured.
