Bank of America, N.A. v. Hackbart (In Re Hackbart)

589 F. App'x 477

Opinion

PER CURIAM:

Appellee Judith Hackbart is a Chapter 7 debtor. Hackbart has two mortgages on her house. The first mortgage exceeds the current market value of the house. Appellant Bank of America, N.A. holds the second mortgage. Hackbart filed a motion to void, or “strip off,” the junior lien under § 506(d) of the Bankruptcy Code. The bankruptcy court granted the motion, and the district court affirmed. We affirm the district court’s order. Folendore v. Small Bus. Admin., 862 F.2d 1537, 1540 (11th Cir.1989); McNeal v. GMAC Mortgage, LLC, 735 F.3d 1263, 1265-66 (11th Cir. 2012). Should Bank of America choose to petition this Court for en banc consideration of the issue it raises here, this panel is of the opinion that the Court should seriously consider the petition.

AFFIRMED.