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LVNV FUNDING, LLC v. HARLING

No. 16-1346, No. 16-1347.

852 F.3d 367 (2017)

LVNV FUNDING, LLC, its successors and assigns as assignee of CitiFinancial, Inc., Creditor-Appellant, v. Derrick Allen HARLING; Teresa Stevens Harling, Debtors-Appellees, v. Pamela Simmons-Beasley; Joy S. Goodwin; U. S. Trustee's OFFICE, Trustees. Pamela Simmons-Beasley; National Association of Consumer Bankruptcy Attorneys, Amici Supporting Appellees. LVNV Funding, LLC, its successors and assigns as assignee of Citibank (South Dakota), N.A., Creditor-Appellant, v. Jeffrey Jerel Rhodes, a/k/a Jeff Rhodes, a/k/a Jeffery Jerel Rhodes, Debtor-Appellee, v. Gretchen D. Holland; U. S. Trustee's Office, Trustees. Pamela Simmons-Beasley; National Association of Consumer Bankruptcy Attorneys, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2017.

Amended: April 6, 2017.

Attorney(s) appearing for the Case

ARGUED: Adam C. Bach , ELLER TONNSEN BACH, Greenville, South Carolina, for Appellant. Jane H. Downey , MOORE TAYLOR LAW FIRM, P.A., West Columbia, South Carolina, for Appellees. ON BRIEF: Robert H. Cooper , THE COOPER LAW FIRM, Greenville, South Carolina, for Appellee Jeffrey Jerel Rhodes. John B. Butler, III , Columbia, South Carolina, for Amicus Pamela Simmons-Beasley. Tara Twomey , Allan L. Gropper , NATIONAL CONSUMER BANKRUPTCY RIGHTS CENTER, San Jose, California, for Amicus National Association of Consumer Bankruptcy Attorneys.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Keenan and Judge Thacker joined.

LVNV Funding, LLC ("LVNV") appeals from orders of the United States Bankruptcy Court for the District of South Carolina, which disallowed its claims as an unsecured creditor in two proceedings under Chapter 13 of the United States Bankruptcy Code (the "Bankruptcy Code"). See generally 11 U.S.C. ch. 13. On appeal, LVNV...

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