Legal Opinion
Birmingham v. PNC Bank, N.A. (In Re Birmingham)
Court of Appeals for the Fourth Circuit
Decided January 18, 2017No. 15-1800PublishedCited by 594 opinions
1Opinion of the Court
Affirmed by published opinion. Judge LEE wrote the opinion, in which Judge HARRIS and Judge THACKER joined.
LEE, District Judge:
The anti-modification clause in 11 U.S.C. § 1322(b)(2) of the Bankruptcy Code protects a mortgagee from having its claim in a Chapter 13 bankruptcy proceeding modified, if the mortgage 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 reference in the Deed of Trust to escrow funds, insurance proceeds, or miscellaneous proceeds constitute additional collateral…
2Cases cited32 opinions
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- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Papasan v. AllainSupreme Court of the United States · 1986
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
- Butner v. United StatesSupreme Court of the United States · 1979
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3Cited by594 opinions
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- Balt. Scrap Corp. v. Exec. Risk Specialty Ins. Co.District Court, D. Maryland · 2019
- Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
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