IN RE SCANTLING

No. 13-10558.

754 F.3d 1323 (2014)

In re Tahisia L. SCANTLING, Debtor. Wells Fargo Bank, N.A., Plaintiff-Appellant, v. Tahisia L. Scantling, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 18, 2014.


Attorney(s) appearing for the Case

Larry M. Foyle , Kass Shuler, PA, Tampa, FL, Marie Tomassi , Trenam Kemker , Saint Petersburg, FL, for Plaintiff-Appellant.

Paul Steven Singerman , Paul A. Avron , Ilyse Homer , Berger Singerman, LLP, Miami, FL, Ashley Dillman Bruce , Berger Singerman, LLP, Fort Lauderdale, FL, David L. Schrader , David L. Schrader, Esquire , Saint Petersburg, FL, Arthur J. Spector , Berger Singerman, LLP, Boca Raton, FL, for Defendant-Appellee.

Before TJOFLAT, Circuit Judge, and MOORE and SCHLESINGER, District Judges.


SCHLESINGER, District Judge:

We have been asked to determine if a debtor can "strip off" a wholly unsecured junior mortgage in a Chapter 20 case. We conclude the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA")1 does not prohibit this result; therefore, we affirm.

I. FACTS

On November 27, 2009, Scantling filed a voluntary petition for relief under Chapter...

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