Legal Opinion
Ennis v. Green Tree Servicing, LLC (In Re Ennis)
Court of Appeals for the Fourth Circuit
Decided February 25, 2009No. 07-2134PublishedCited by 19 opinions
1Opinion of the Court
Reversed by published opinion. Judge MICHAEL wrote the opinion, in which Judge NIEMEYER and Judge BENNETT joined.
OPINION
MICHAEL, Circuit Judge:
The anti-modification clause in § 1322(b)(2) of the Bankruptcy Code prevents a Chapter 13 debtor from bifurcating a secured claim into secured and unsecured portions if the claim is “secured only by a security interest in real property that is the debtor’s principal residence.” 11 U.S.C. § 1322(b)(2). The issue in this appeal is whether the definition (added in 2005) of “debtor’s principal residence,” which includes a mobile home that is not “attached…
2Cases cited4 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Walters v. Metropolitan Educational Enterprises, Inc.Supreme Court of the United States · 1997
- In Re Clarence Gordon Witt Carolyn Sue Witt, Debtors. Clarence Gordon Witt Carolyn Sue Witt v. United Companies Lending CorporationCourt of Appeals for the Fourth Circuit · 1997
- Herrin v. GreenTree-Al, LLCDistrict Court, S.D. Alabama · 2007
3Cited by19 opinions
- Birmingham v. PNC Bank, N.A. (In Re Birmingham)Court of Appeals for the Fourth Circuit · 2017
- Reinhardt v. Vanderbilt Mortgage and Finance, Inc.Court of Appeals for the Sixth Circuit · 2009
- Jordan v. Greentree Consumer Discount Co. (In Re Jordan)United States Bankruptcy Court, W.D. Pennsylvania · 2009
- In Re BradsherUnited States Bankruptcy Court, M.D. North Carolina · 2010
- In re InglisUnited States Bankruptcy Court, S.D. Indiana · 2012
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