Opinion
Case No. 9:12-bk-12143-FMD Adv. No. 9:12-ap-910-FMD
06-06-2013
In re: Derrick Edward Fincannon, Debtor. Derrick Edward Fincannon, Plaintiff, v. Partners for Payment Relief DE III, LLC, et al., Defendants.
Chapter 7
ORDER DENYING
MOTION FOR SUMMARY JUDGMENT
THIS PROCEEDING came on for consideration, without a hearing, of the Motion for Summary Judgment filed by Defendant, Partners for Payment Relief DE III, LLC (Doc. No. 41) (the "Motion"). Defendant argues that the Eleventh Circuit's unpublished decision in In re McNeal, 477 Fed.Appx. 562 (11th Cir. 2012), is not binding upon the Court and that, for the reasons set forth in the Motion, a Chapter 7 debtor may not strip a wholly unsecured junior lien. However, as this Court has previously announced, absent a ruling from the Eleventh Circuit to the contrary, the Court will follow McNeal and permit a Chapter 7 debtor to strip a wholly unsecured junior lien.
Accordingly, it is
ORDERED that the Motion is DENIED.
DONE and ORDERED in Chambers at Tampa, Florida, on June 6, 2013.
______________________
Caryl E. Delano
United States Bankruptcy Judge
Attorney Joseph Trunkett is directed to serve a copy of this Order on all interested parties and to file a proof of service with the Court within three (3) days.