United States Third Circuit

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Birmingham v. PNC Bank, N.A., 15-1800

In a Chapter 13 voluntary bankruptcy case, the district court's determination, that the provisions of debtor's Deed of Trust does not allow debtor to bifurcate is affirmed, where reference in the Deed of Trust to escrow funds, insurance proceeds, or miscellaneous proceeds constitutes incidental property for purposes of 11 U.S.C. section 1322(b)(2), which entitles mortgagor-defendant to anti-modification protection under section 1322(b)(2).

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/18

Judges

  • LEE

Court

  • United States Third Circuit

Counsel


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