Cert Granted on Chapter 7 Lien Stripping Issue

Yesterday the U.S. Supreme Court granted Bank of America, N.A.'s writ of certiorari which will allow it to address the issue of lien stripping in chapter 7 cases. The numerous recent appellate decisions out of the 11th Circuit have been practically begging for en banc or Supreme Court review. The 11th Circuit Courts were forced by the "prior precedent rule" to apply its Foledore decision, which allowed lien stripping in chapter 7.  Under the "prior precedent rule", the 11th Circuit held that the Supreme Court's landmark decision in Dewsnup was not explicit enough to overrule Folendore. 

No. 14-163Title:Bank of America, N.A., Petitionerv.Edelmiro Toledo-CardonaDocketed:August 13, 2014Lower Ct:United States Court of Appeals for the Eleventh Circuit  Case Nos.:(13-15855)  Decision Date:May 15, 2014
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~Aug 13 2014Petition for a writ of certiorari filed. (Response due September 12, 2014)Aug 25 2014Order extending time to file response to petition to and including October 14, 2014.Oct 6 2014Brief of respondent Edelmiro Toledo-Cardona in opposition filed.Oct 21 2014Reply of petitioner Bank of America, N.A. filed.Oct 22 2014DISTRIBUTED for Conference of November 7, 2014.Nov 10 2014DISTRIBUTED for Conference of November 14, 2014.Nov 17 2014Petition GRANTED The petition for a writ of certiorari in No. 13-1421 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.