Legal Opinion
Timothy Branigan v. Bryan Davis
Court of Appeals for the Fourth Circuit
Decided May 10, 2013No. 12-1184PublishedCited by 42 opinions
1Opinion of the Court
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.1 BAPCPA,…
2Cases cited24 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Milavetz, Gallop & Milavetz, P. A. v. United StatesSupreme Court of the United States · 2010
19 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- HSBC Bank USA, National Ass'n v. Blendheim (In Re Blendheim)Court of Appeals for the Ninth Circuit · 2015
- Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
- Jose Alvarez v. HSBC Bank USA, N.A.Court of Appeals for the Fourth Circuit · 2013
- Wells Fargo Bank, N.A. v. Tahisia L. ScantlingCourt of Appeals for the Eleventh Circuit · 2014
- In re: Serge Michel Boukatch and Lori Jean BoukatchUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
37 more not listed; retrieve them via the Exa API.