In re Fitzgerald, No. 14-2349 (4th Cir.)

Posted by NCBRC - February 27, 2015

Type: Amicus
Date: January 15, 2015
Description: Whether, under section 109(e), the amount remaining due on a promissory note secured by a mortgage which is in excess of the value of the property securing that note must be included as a “debt” which is “owed,” where the borrower has previously obtained a chapter 7 discharge.
Result: Judgment affirmed, April 27, 2015

Fitzgerald 4th cir opinion
Fitzgerald NACBA Amicus