This document is a court order from the United States Court of Appeals for the Eleventh Circuit in the case of Bank of America v. Cumpson regarding a bankruptcy proceeding. The court had stayed the appeal pending review by the Supreme Court of related cases. As the Supreme Court has now issued a relevant decision, the court lifts the stay on the appeal. However, given the Supreme Court's ruling and a subsequent Eleventh Circuit decision, the court denies the bank's motion for summary reversal, vacates the lower court's ruling, and remands the case for further proceedings aligned with the new precedents.
This document is a court order from the United States Court of Appeals for the Eleventh Circuit in the case of Bank of America v. Cumpson regarding a bankruptcy proceeding. The court had stayed the appeal pending review by the Supreme Court of related cases. As the Supreme Court has now issued a relevant decision, the court lifts the stay on the appeal. However, given the Supreme Court's ruling and a subsequent Eleventh Circuit decision, the court denies the bank's motion for summary reversal, vacates the lower court's ruling, and remands the case for further proceedings aligned with the new precedents.
This document is a court order from the United States Court of Appeals for the Eleventh Circuit in the case of Bank of America v. Cumpson regarding a bankruptcy proceeding. The court had stayed the appeal pending review by the Supreme Court of related cases. As the Supreme Court has now issued a relevant decision, the court lifts the stay on the appeal. However, given the Supreme Court's ruling and a subsequent Eleventh Circuit decision, the court denies the bank's motion for summary reversal, vacates the lower court's ruling, and remands the case for further proceedings aligned with the new precedents.
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-13614 Non-Argument Calendar ________________________ D.C. Docket No. 1:14-cv-02022-WSD; 12-bkc-53106-MHM
In Re: DOUGLAS ALLEN CUMPSON,
JESSIE LYNN CUMPSON, Debtors. __________________________________________________ BANK OF AMERICA, N.A., Plaintiff - Appellant, versus DOUGLAS ALLEN CUMPSON, JESSIE LYNN CUMPSON, Defendants - Appellees. ________________________ Appeals from the United States District Court for the Northern District of Georgia ________________________ (August 4, 2015)
Case: 14-13614
Date Filed: 08/04/2015
Page: 2 of 2
Before TJOFLAT, WILSON and BLACK, Circuit Judges.
PER CURIAM: Bank of America moves to lift the stay on this case and for summary reversal. We stayed this appeal pending review by the United States Supreme Court of our decisions in In re Caulkett, 566 F. Appx 879 (2014), and In re Toledo-Cardona, 556 F. Appx 911 (2014), that allowed a Chapter 7 debtor to voidthat is, extinguish entirelya junior mortgage lien when the amount owed on the senior lien exceeds the homes fair market value. Because the Supreme Court has disposed of these cases in Bank of America v. Caulkett, 575 U.S. __, 135 S. Ct. 1995 (2015), we LIFT the stay of this appeal. In light of the Supreme Courts decision in Caulkett and this Courts subsequent decision in In re Waits, __ F.3d __, 2015 WL 4378369 (11th Cir. July 16, 2015), we DENY Bank of Americas motion for summary reversal, VACATE the district courts affirmance of the bankruptcy court, and REMAND for further proceedings consistent with Caulkett and Waits.