Bank of America, N.A. v. Caulkett

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-1421 11th Cir. TBD TBD TBD TBD TBD

Issue: Whether, under Section 506(d) of the Bankruptcy Code, which provides that “[t]o the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void,” a chapter 7 debtor may “strip off” a junior mortgage lien in its entirety when the outstanding debt owed to a senior lienholder exceeds the current value of the collateral.

DateProceedings and Orders
May 23 2014Petition for a writ of certiorari filed. (Response due June 27, 2014)
Jun 27 2014Motion for leave to file amici brief filed by Loan Syndications and Trading Association, et al.
Jul 16 2014DISTRIBUTED for Conference of September 29, 2014.
Jul 28 2014Response Requested . (Due August 27, 2014)
Aug 8 2014Order extending time to file response to petition to and including October 6, 2014.
Oct 6 2014Brief of respondent David B. Caulkett in opposition filed.
Oct 21 2014Reply of petitioner Bank of America, N.A. filed. (Distributed)
Oct 22 2014DISTRIBUTED for Conference of November 7, 2014.
Term Snapshot