Bank of America v. Hancock

Filing 15

ORDER granting 13 Motion for summary reversal; reversing and remanding for further consideration; directing the clerk to close the file. Signed by Judge Timothy J. Corrigan on 7/16/2015.(SRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

IN RE: KIMBERLY ANNE HANCOCK,
Bankruptcy Case No. 3:14-bk-5551-JAF
Debtor.
____________________________________
BANK OF AMERICA, N.A.,
Appellant,
vs.

Case No. 3:15-cv-497-J-32

KIMBERLY ANNE HANCOCK,
Appellee.

ORDER
This case is before the Court on appellant’s motion for summary reversal (Doc. 13).
Appellee did not respond, despite the Court’s invitation to do so (Doc. 14).
In light of the United States Supreme Court’s recent decision in Bank of America, N.A.
v. Caulkett, 135 S.Ct. 1995 (2015), the Court finds the motion for summary reversal of the
Bankruptcy Court’s order in this Chapter 7 case is due to be granted. See Harper v. Virginia
Dept. of Transp., 509 U.S. 86, 96-99 (1993) (“When this Court applies a rule of federal law
to the parties before it, that rule is the controlling interpretation of federal law and must be
given full retroactive effect in all cases still open on direct review and as to all events,
regardless of whether such events predate or postdate our announcement of the rule.”); see
also, Ratchford v. First Southern Bancorp, No. 12-10492-EE, 2012 WL 10478553, *1 (11th
Cir. Oct. 3, 2012) (summarily reversing in light of intervening case law); In re Santiago, Case

No. 2:14-cv-598-FtM-38, 2015 WL 4068507 (M.D. Fla. Jul. 2, 2015) (granting motion for
summary reversal of bankruptcy order stripping off junior lien in Chapter 7 case in light of
Caulkett).
Accordingly, it is hereby
ORDERED:
1.

Appellant Bank of America, N.A.’s Motion for Summary Reversal (Doc. 13) is

GRANTED.
2.

The Bankruptcy Court’s March 23, 2015 Order is REVERSED and this case

is REMANDED to the United States Bankruptcy Court for the Middle District of Florida for
further consideration in light of Bank of America, N.A. v. Caulkett, 509 U.S. 86 (2015).
3.

The clerk shall close the file.

DONE AND ORDERED at Jacksonville, Florida this 16th day of July, 2015.

s.
Copies:
Honorable Jerry A. Funk
United States Bankruptcy Judge
counsel of record

2