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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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