Bank of America, NA v. Yvonne Roberts Waits, No. 14-11408 (11th Cir. 2014)
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Case: 14-11408 Date Filed: 08/21/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-11408 Non-Argument Calendar ________________________ D.C. Docket No. 1:14-cv-00460-WSD, Bkcy No. 11-bkc-70660-CRM In re: YVONNE ROBERTS WAITS, Debtor. BANK OF AMERICA BANK, NA, Plaintiff - Appellant, versus YVONNE ROBERTS WAITS, Defendant - Appellee. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (August 21, 2014) Case: 14-11408 Date Filed: 08/21/2014 Page: 2 of 2 Before TJOFLAT, JORDAN and BLACK, Circuit Judges. PER CURIAM: Bank of America appeals the district court s affirmance of the bankruptcy court s order allowing the debtor, Yvonne Waits, to extinguish Bank of America s second-priority mortgage lien on Waits home given that the first-priority lien exceeded the home s fair market value. This appeal thus presents the question whether section 506(d) of the Bankruptcy Code, 11 U.S.C. ยง 506(d), allows a Chapter 7 debtor to strip off a junior mortgage lien when the senior lien exceeds the home s value. As Bank of America concedes, however, we are bound to affirm the district court by our decisions in In re McNeal, 735 F.3d 1263 (11th Cir. 2012) and Folendore v. United States Small Bus. Admin., 862 F.2d 1537 (11th Cir. 1989). See Smith v. GTE Corp., 236 F.3d 1292, 1300 n.8 (11th Cir. 2001) ( Under the well-established prior panel precedent rule of this Circuit, the holding of the first panel to address an issue is the law of this Circuit, thereby binding all subsequent panels unless and until the first panel s holding is overruled by the Court sitting en banc or by the Supreme Court. ). AFFIRMED. 2
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