Calvert Jeremy v. JP Morgan Chase Bank, N.A.
UNPUBLISHED PER CURIAM OPINION filed.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. .. [15-2369]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
CALVERT LLEWELLYN JEREMY; JOLITA MERVINA JEREMY,
Plaintiffs - Appellants,
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)
February 23, 2017
March 9, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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Appellants) filed a Chapter 13 petition in November 2013.
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
property” within the meaning of 11 U.S.C. § 1322(b)(2) (2012).
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
proceeds . . .
incidental property,” and not additional collateral, within the
meaning of § 1322(b)(2).
Based on our reasoning in Birmingham,
We dispense with oral argument because
the facts and legal contentions are adequately presented in the
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