Bank of America, N.A. v. Lisa Evans

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Opinion issued by court as to Appellant Bank of America, N.A.. Decision: Vacated and Remanded. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to lift stay filed by Appellant Bank of America, N.A. is GRANTED. [7494674-2]; Motion for summary reversal filed by Appellant Bank of America, N.A. is DENIED. [7494674-3]. (See 09/02/2015 opinion)(WHP/RLA/ERC) The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

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Case: 14-12887 Date Filed: 09/02/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-12887 Non-Argument Calendar ________________________ D.C. Docket No. 3:14-cv-00054-TCB, Bkcy No. 13-bkc-12946-WHD In re: LISA KAY EVANS, a.k.a. LISA KAY HARBIN, Debtor. __________________________________________________ BANK OF AMERICA, N.A., Plaintiff - Appellant, versus LISA K. EVANS, a.k.a. Lisa Kay Harbin, Defendant - Appellee. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (September 2, 2015) Before WILLIAM PRYOR, ANDERSON, and COX, Circuit Judges. Case: 14-12887 Date Filed: 09/02/2015 Page: 2 of 2 PER CURIAM: Appellee, Lisa Evans, is a Chapter 7 debtor. She has two mortgages on her house with corresponding liens. The second lien, Bank of America’s, is completely “underwater.” Evans obtained from the bankruptcy court an order “stripping off” Bank of America’s second lien as void under 11 U.S.C. § 506(d). The district court affirmed. Bank of America appealed. After the Supreme Court granted Bank of America’s petition for writs of certiorari in two of our other cases presenting the same issue that this case presents, we entered an order staying this case pending the Supreme Court’s decision. In Bank of America, N.A. v. Caulkett, 575 U.S. ___, 135 S. Ct. 1995 (2015), the Supreme Court reversed our precedents and held that § 506(d) does not allow the bankruptcy court to strip off completely unsecured liens. Caulkett is controlling in this case. We grant Bank of America’s motion to lift the stay of this case, but deny its simultaneously filed motion for summary reversal. We vacate the judgment of the district court and remand this case to the district court for further proceedings consistent with this opinion and Caulkett. VACATED AND REMANDED. 2

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