Posted by NCBRC - February 27th, 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
Posted by NCBRC - August 26th, 2013
Type: Amicus
Date: August 7, 2013
Description: Whether lien is included in calculation of unsecured debt under section 109(e) where debtor’s personal liability was discharged in prior chapter 7.
Result: Appeal Dismissed as Moot, November 27, 2013
DiClemente NACBA amicus