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IN RE DAVIS

No. 12-1184.

716 F.3d 331 (2013)

In re Bryan Matthew DAVIS; Carla Denise Bracey-Davis; Marquita E. Moore, Debtors. Timothy P. Branigan, Plaintiff-Appellant, and TD Bank, N.A., Plaintiff, v. Bryan Matthew Davis; Carla Denise Bracey-Davis; Marquita E. Moore, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 10, 2013.

Attorney(s) appearing for the Case

ARGUED: Timothy P. Branigan , Law Office of Timothy P. Branigan, Laurel, Maryland, for Appellant. Seth W. Diamond , The Diamond Law Group, LLC, Silver Spring, Maryland, for Appellees. ON BRIEF: Laura J. Margulies , Laura Margulies & Associates, LLC, Rockville, Maryland, for Appellees Bryan Matthew Davis and Carla Denise Bracey-Davis; Morgan William Fisher , Lawrence & Fisher PLLC, Annapolis, Maryland, for Appellee Marquita E. Moore.

Affirmed by published opinion. Judge DIAZ wrote the majority opinion, in which Judge NIEMEYER joined. Judge KEENAN wrote a dissenting opinion.

OPINION

DIAZ, Circuit Judge.

In this case, a Chapter 13 bankruptcy trustee, Timothy Branigan (the "Trustee"), challenges confirmation orders, entered by the bankruptcy court and affirmed by the district court, stripping off junior liens against debtors' residences. The Trustee argues that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") creates a per se rule barring lien-stripping in so-called "Chapter 20" cases.

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