1. Home
  2. Browse Decisions
  3. F.3d
  4. 846 F.3d
  5. 846 F.3d 88 (2017)
 

IN RE BIRMINGHAM

No. 15-1800.

846 F.3d 88 (2017)

IN RE: Gregory BIRMINGHAM, Debtor. Gregory Birmingham, Plaintiff-Appellant, v. PNC Bank, N.A., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 18, 2017.

Amended: January 20, 2017.

Attorney(s) appearing for the Case

ARGUED: John Douglas Burns , The Burns Law Firm, LLC, Greenbelt, Maryland, for Appellant. Daniel J. Tobin , Ballard Spahr LLP, Washington, D.C., for Appellee. ON BRIEF: Bryan J. Harrison , Matthew G. Summers , Ballard Spahr LLP, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge Lee wrote the opinion, in which Judge Harris and Judge Thacker joined.

The anti-modification clause in 11 U.S.C. § 1322(b)(2) of the Bankruptcy Code protects a mortgagee from having its claim in a Chapter 13 bankruptcy proceeding modified, if the mortgage is secured "only by a security interest in real property that is the debtor's principal residence." 11 U.S.C. § 1322(b)(2). The issue...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases