Calvert Jeremy v. JP Morgan Chase Bank, N.A.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:15-cv-01632-TDC,13-29597,14-00310 Copies to all parties and the district court/agency. [1000038947].. [15-2369]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2369
CALVERT LLEWELLYN JEREMY; JOLITA MERVINA JEREMY,
Plaintiffs - Appellants,
v.
JP MORGAN CHASE BANK, N.A.,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Theodore D. Chuang, District Judge.
(8:15-cv-01632-TDC; 13-29597; 14-00310)
Submitted:
February 23, 2017
Decided:
March 9, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John Douglas Burns, THE BURNS LAW FIRM, LLC, Greenbelt,
Maryland, for Appellants.
H. Jason Gold, Valerie P. Morrison,
NELSON MULLINS RILEY & SCARBOROUGH, LLP, Washinton, D.C.; Joseph
M. Lischwe, NELSON MULLINS RILEY & SCARBOROUGH, LLP, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Calvert
Llewellyn
Jeremy
and
Jolita
Mervina
Jeremy
(the
Appellants) filed a Chapter 13 petition in November 2013.
They
filed the underlying adversary proceeding seeking a declaration
that would allow them to bifurcate the mortgage on their primary
residence into a secured claim up to the appraised value and an
unsecured claim on the remaining balance (i.e., a “cram-down”).
The Appellants argued that, because their deed of trust provides
for
supplemental
insurance
collateral
proceeds,
and
in
rent,
the
these
form
of
escrow
interests
are
funds,
not
“real
property” within the meaning of 11 U.S.C. § 1322(b)(2) (2012).
The
bankruptcy
Bank’s
motion
court
to
disagreed
dismiss.
and
The
granted
district
JP
court
Morgan
Chase
certified
the
appeal to this court.
In light of our decision in Birmingham v. PNC Bank, N.A.,
846 F.3d 88 (4th Cir. 2017), we affirm the bankruptcy court’s
order dismissing the complaint. In Birmingham, we held that the
“reference
proceeds,
in
the
or
Deed
of
Trust
miscellaneous
to
escrow
funds,
proceeds . . .
insurance
constitute[s]
incidental property,” and not additional collateral, within the
meaning of § 1322(b)(2).
we
affirm
the
Based on our reasoning in Birmingham,
bankruptcy
Appellants’ complaint.
court’s
order
dismissing
the
We dispense with oral argument because
the facts and legal contentions are adequately presented in the
2
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materials
before
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this
court
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and
argument
would
not
aid
the
decisional process.
AFFIRMED
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