Bank of America, N.A. v. Hackbart (In Re Hackbart)
This text of 589 F. App'x 477 (Bank of America, N.A. v. Hackbart (In Re Hackbart)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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589 F. App'x 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-america-na-v-hackbart-in-re-hackbart-ca11-2014.