In re Scantling

754 F.3d 1323 (2014)

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In re Scantling

United States Court of Appeals for the Eleventh Circuit
754 F.3d 1323 (2014)

  • Written by Jody Stuart, JD

Facts

In March 2010, Tahisia Scantling (debtor) received a Chapter 7 discharge. On January 1, 2011, Scantling filed for Chapter 13 bankruptcy. Scantling’s filing of a Chapter 13 case soon after a Chapter 7 case created a so-called Chapter 20 case. Wells Fargo Bank, N.A. (Wells) (creditor) held three liens secured by Scantling’s principal residence. The balances of the first, second, and third liens, respectively, were $121,808, $79,369, and $24,416. Wells valued the residence at $118,500, and the bankruptcy court accepted that valuation. Due to the value of the residence, Wells’s two junior liens were rendered wholly unsecured. Scantling sought a declaration that the junior liens were void. The bankruptcy court determined that Scantling could strip off—that is, receive a discharge of—the junior liens because the liens were wholly unsecured. Wells appealed.

Rule of Law

Issue

Holding and Reasoning (Schlesinger, J.)

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