Legal Opinion

Larry Hurlburt v. Juliet Black

Court of Appeals for the Fourth Circuit

Decided May 24, 2019No. 17-2449PublishedCited by 30 opinions

1Opinion of the Court

WYNN, Circuit Judge:

In this bankruptcy case, we are asked to overrule a twenty-two-year-old decision of this Court holding that Chapter 13 debtors may not bifurcate a narrow subset of undersecured home mortgage loans into separate secured and unsecured claims and "cram down" the unsecured portion of such loans. See Witt v. United Cos. Lending Corp. ( In re Witt ), 113 F.3d 508 (4th Cir. 1997). As explained further below, we now align our circuit with every other court that has considered this issue to hold that the plain text of 11 U.S.C. § 1322 (c)(2) authorizes modification of such claims,…

Also in this document: Dissent.

2Cases cited39 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Gross v. FBL Financial Services, Inc.Supreme Court of the United States · 2009
  4. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
  5. Nobelman v. American Savings BankSupreme Court of the United States · 1993

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3Cited by30 opinions

  1. Dominion Energy, Inc. v. City of Warren Police & Fire Ret. Sys. Ex Rel. SituatedCourt of Appeals for the Fourth Circuit · 2019
  2. United States v. Sean WaydaCourt of Appeals for the Fourth Circuit · 2020
  3. United States v. Mohammad ChaudhriCourt of Appeals for the Fourth Circuit · 2025
  4. Badar Suri v. Donald TrumpCourt of Appeals for the Fourth Circuit · 2026
  5. Bernadin v. US Bank National Association as Trustee, SuccessorUnited States Bankruptcy Court, E.D. Pennsylvania · 2019

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