Bank of America, N.A. v. Lisa Evans
Filing
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.
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[DO NOT PUBLISH]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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