Am. Gen. Fin., Inc. v. Dickerson, 222 F.3d 924 (11th Cir. 2000). · Go Syfert
Am. Gen. Fin., Inc. v. Dickerson, 222 F.3d 924 (11th Cir. 2000). Cases Citing This Book View Copy Cite
48 citation events (48 in the last 25 years) across 26 distinct courts.
Strongest positive: Etheridge v. CitiMortgage Inc. (In re Etheridge) (gasb, 2016-01-28) · Strongest negative: Michael James Fisette v. Jasmine Z. Keller (ca8, 2012-09-12)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited "but see" Michael James Fisette v. Jasmine Z. Keller
8th Cir. · 2012 · signal: but see · confidence high
But see In re Dickerson, 222 F.3d 924, 926 (11th Cir.2000) (following but disagreeing with the circuit's prior decision in Tanner), cert. denied, 532 U.S. 972 , 121 S.Ct. 1604 , 149 L.Ed.2d 470 (2001).
discussed Cited "but see" In Re Hoskins
Bankr. E.D. Mich. · 2001 · signal: but see · confidence high
But see In re Dickerson, 222 F.3d 924 , 926 (11th Cir. 2000), petition for cert. filed, Feb. 15, 2001 (disagreeing with Tanner , but concluding that it was bound by it “under the prior precedent rule”).
discussed Cited as authority (rule) Etheridge v. CitiMortgage Inc. (In re Etheridge) (2×)
Bankr. S.D. Ga. · 2016 · confidence medium
Fin., Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000) (alteration in original).6 Then in In re Davis, 547 B.R. 480 , 2015 WL 5299458 (Bankr.S.D.Ga.2015) (footnote 4) I observed: In a prior decision, I expressed my agreement with the distinct minority view that existed before the circuit court decisions mentioned supra in Footnote 3.
cited Cited as authority (rule) Davis v. Springleaf Financial Services, Inc. (In re Davis)
Bankr. S.D. Ga. · 2015 · confidence medium
Fin., Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000).
discussed Cited as authority (rule) In re Smith
Bankr. S.D. Ga. · 2014 · confidence medium
Fin., Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000) (alteration in original). 6 Here, Schedule D lists the Property’s value at $68,700.00 and BB & T as having a claim secured by a first lien in the amount of $110,907.00.
discussed Cited as authority (rule) In re Fortin
Bankr. D. Mass. · 2012 · confidence medium
Fin., Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000) (acknowledging Tanner as controlling precedent but stating "[W]ere we to decide this issue on a clean slate, we would not so hold.
discussed Cited as authority (rule) Michael Fisette v. Jasmine Keller
8th Cir. BAP · 2011 · confidence medium
Finance, Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir. 2000), the Eleventh Circuit explained that it was bound by its prior decision but, if it were to write on a clean slate, it would adopt the position that a wholly unsecured lien could not be avoided. 3 In two unpublished per curiam decisions, the Fourth Circuit affirmed decisions of the district court that allowed the strip off of wholly unsecured liens on debtors’ residences.
discussed Cited as authority (rule) Fisette v. Keller (In Re Fisette)
8th Cir. BAP · 2011 · confidence medium
Finance, Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000), the Eleventh Circuit explained that it was bound by its prior decision but, if it were to write on a clean slate, it would adopt the position that a wholly unsecured lien could not be avoided. 3 .
discussed Cited as authority (rule) Michael Fisette v. Jasmine Keller
8th Cir. BAP · 2011 · confidence medium
Finance, Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir. 2000), the Eleventh Circuit explained that it was bound by its prior decision but, if it were to write on a clean slate, it would adopt the position that a wholly unsecured lien could not be avoided. 3 In two unpublished per curiam decisions, the Fourth Circuit affirmed decisions of the district court that allowed the strip off of wholly unsecured liens on debtors’ residences.
discussed Cited as authority (rule) Suntrust Bank v. Millard (In Re Millard)
D. Maryland · 2009 · confidence medium
Fin., Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000) (explaining that had the panel not been bound by the prior Tanner panel decision, the instant panel would adopt the minority view). 7 .
cited Cited as authority (rule) In Re Sullivan
Bankr. N.D. Ala. · 2008 · confidence medium
American General Finance, Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000).
discussed Cited as authority (rule) In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending Corporation
9th Cir. · 2002 · confidence medium
Fin., Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000) (overruling the district court in Dickerson I but noting that, were it not bound by Tanner, supra, it would follow the district court’s reasoning). 3 *1226 The court in Dickerson I found that “the emphasis in the statute [§ 1322] is on the fact that a lien exists on the property, not the value of such property,” 229 B.R. at 542 , and faults the majority for failing to recognize “that the existence of a hen carries any rights if the lien is unsecured.” Id. at 543 .
discussed Cited as authority (rule) Pierce v. Beneficial Mortgage Co. of Utah (In Re Pierce)
Bankr. D. Utah · 2002 · confidence medium
This is in accord with the Eleventh Circuit's statement that "were we to decide this issue on a clean slate, we would not hold so .... [djenying that same protection to junior mortgages who lack that penny of equity, places too much weight upon the valuation process." In re Dickerson, 222 F.3d at 926.
discussed Cited as authority (rule) In Re Pond
2d Cir. · 2001 · confidence medium
Finance, Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir. 2000) (explaining that, if the panel were to decide the issue on a clean slate, it would adopt the minority view, but that it was bound by the majority view because the Circuit had already adopted this view). 23 Defendants argue that, even if we were to adopt the majority view on this issue, as we now have, their lien should be protected under the antimodification exception because it is "secured" within the meaning of Section 506(a), which defines a claim as secured "to the extent of the value of such creditor's intere…
discussed Cited as authority (rule) Pond v. Farm Specialist Realty
2d Cir. · 2001 · confidence medium
Finance, Inc. v. Dickerson (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000) (explaining that, if the panel were to decide the issue on a clean slate, it would adopt the minority view, but that it was bound by the majority view because the Circuit had already adopted this view).
discussed Cited as authority (rule) In Re Callander
Bankr. S.D. Ohio · 2001 · confidence medium
We find persuasive the district court’s reasoning that providing ‘anti-modification’ protection to junior mortgagees where the value of the mortgaged property exceeds the senior mortgagee’s claim by at least one cent, as prescribed by the Supreme Court’s decision in Nobelman [citation omitted], but denying that same protection to junior mortgagees who lack that penny of equity, places too much weight upon the valuation process.” Dickerson, 222 F.3d at 926.
cited Cited "see" MN Housing Finance Agency v. Jamey Schmidt
8th Cir. · 2014 · signal: see · confidence high
See In re Dickerson, 222 F.3d 924 , 926 (11th Cir. 2000).
cited Cited "see" Minnesota Housing Finance Agency v. Schmidt (In Re Schmidt)
8th Cir. · 2014 · signal: see · confidence high
See In re Dickerson, 222 F.3d 924 , 926 (11th Cir.2000).
cited Cited "see" In Re Dang
Bankr. M.D. Fla. · 2012 · signal: see · confidence high
See In re Dickerson, 222 F.3d 924 , 926 (11th Cir.2000)(“[U]nder the prior precedent rule we must apply the rule established by this court in In re Tanner.”) B.
discussed Cited "see" Jackson v. United States Department of Agriculture, Rural Development (In Re Jackson)
Bankr. M.D. Ga. · 2004 · signal: see · confidence high
See American General Finance, Inc. v. Dickerson, (In re Dickerson), 222 F.3d 924, 926 (11th Cir.2000), cert. denied 532 U.S. 972 , 121 S.Ct. 1604 , 149 L.Ed.2d 470 (2001); Western Interstate Bancorp v. Edwards, (In re Edwards), 245 B.R. 917, 919 (Bankr.S.D.Ga.2000).
cited Cited "see" Waters v. Money Store
Bankr. N.D. Ill. · 2002 · signal: see · confidence high
See In re Dickerson, 222 F.3d 924 (11th Cir.2000). .
cited Cited "see" Andrew J. Wagner v. Daewoo Heavy Industries
11th Cir. · 2002 · signal: see · confidence high
See In re Dickerson, 222 F.3d 924 , 926 (11th Cir. 2000) 11 (following circuit precedent despite statement that “were we to decide this issue on a clean slate, we would not so hold”).
cited Cited "see" Wagner v. Daewoo Heavy Industries America Corp.
11th Cir. · 2002 · signal: see · confidence high
See In re Dickerson, 222 F.3d 924 , 926 (11th Cir.2000) (following circuit precedent despite statement that “were we to decide this issue on a clean slate, we would not so hold”).
discussed Cited "see" In Re Woodward
Bankr. S.D. Iowa · 2001 · signal: see · confidence high
See In re Dickerson, 222 F.3d 924 (11th Cir.2000) (holding that the Chapter 13 debtor would not have been permitted to strip off the wholly unsecured lien were the appellate panel not bound by prior precedent). 23 .
discussed Cited "see" In Re German
Bankr. E.D. Okla. · 2001 · signal: see · confidence high
See, In re Dickerson, 222 F.3d 924 (11th Cir.2000); In re Tanner, 217 F.3d 1357 (11th Cir.2000); In re Bartee, 212 F.3d 277 (5th Cir.2000); In re McDonald, 205 F.3d 606 (3d Cir.2000); In re Mann, 249 B.R. 831 (1st Cir. BAP 2000); In re Lam, 211 B.R. 36 (9th Cir. BAP 1997); In re Edwards, 245 B.R. 917 (Bankr.S.D.Ga.2000); In re Baez, 244 B.R. 480 (Bankr.S.D.Fla.2000); In re McCarron, 242 B.R. 479 (Bankr.W.D.Mo.2000); Johnson v. Asset Management Group, LLC, 226 B.R. 364 (D.Md.1998); In re Phillips, 224 B.R. 871 (Bankr.W.D.Mich.1998); In re Cerminaro, 220 B.R. 518 (Bankr.N.D.N.Y.1998); In re Smit…
discussed Cited "see, e.g." In Re Quiros-Amy
Bankr. S.D. Florida · 2011 · signal: see also · confidence low
Tanner, 217 F.3d at 1359-1360 ; see also In re Dickerson, 222 F.3d 924 (11th Cir.2000) *145 (disagreeing with the Tanner panel which originally decided the issue, but following Tanner as established precedent in the circuit); Pond v. Farm Specialist Realty (In re Pond), 252 F.3d 122 (2d Cir.2001); McDonald v. Master Fin.
discussed Cited "see, e.g." Smith v. Gte Corporation, Gte
11th Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., In re Dickerson, 222 F.3d 924 , 926 (11th Cir.2000)(following the holding of an earlier panel decision even though "were we to decide this issue on a clean slate, we would not so hold."); United States v. Steele, 117 F.3d 1231, 1234-35 (11th Cir.1997) (reluctantly following a prior panel decision even though convinced it conflicted with the plain language of the statute in question); 10 Turecamo of Savannah, Inc. v. United States, 36 F.3d 1083, 1087 (11th Cir.1994) (following precedent thought to be wrong even though the prior panel apparently overlooked important legislative histor…
discussed Cited "see, e.g." Chester Smith v. GTE Corporation
11th Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., In re Dickerson, 222 F.3d 924 , 926 (11th Cir.2000)(following the holding of an earlier panel decision even though “were we to decide this issue on a clean slate, we would not so hold.”); United States v. Steele, 117 F.3d 1231, 1234-35 (11th Cir.1997) (reluctantly following a prior panel decision even though convinced it conflicted with the plain language of the statute in question); 10 Turecamo of Savannah, Inc. v. United States, 36 F.3d 1083, 1087 (11th Cir.1994) (following precedent thought to be wrong even though the prior panel apparently overlooked important legislative hi…
discussed Cited "see, e.g." Chester Smith v. GTE Corporation
11th Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., In re Dickerson, 222 F.3d 924 , 926 (11th Cir. 2000)(following the holding of an earlier panel decision even though “were we to decide this issue on a clean slate, we would not so hold.”); United States v. Steele, 117 F.3d 1231, 1234-35 (11th Cir. 1997) (reluctantly following a prior panel decision even though convinced it conflicted with the plain language of the statute in question);10 Turecamo of Savannah, Inc. v. United States, 36 F.3d 1083, 1087 (11th Cir. 1994) (following precedent thought to be wrong even though the prior panel apparently overlooked important legislative …
Retrieving the full opinion text from the archive…
In Re: Tyrone H. DICKERSON and Darlene H. Dickerson, Debtor. American General Finance, Inc., Plaintiff-Appellee-Cross-Appellant,
v.
Tyrone H. Dickerson and Darlene H. Dickerson, Defendants-Appellants-Cross-Appellees
99-8184.
Court of Appeals for the Eleventh Circuit.
Aug 15, 2000.
222 F.3d 924
Don E. Snow, Thomaston, GA, for Defendants-Appellants-Cross-Appellees., Larry W. Johnson, Morris, Schneider & Prior, L.L.C., Atlanta, GA, Molly L. McCollum, Molly L. McCollum, P.C., Macon, GA, for American General Finance, Inc.
Birch, Roney, Fay.
Cited by 11 opinions  |  Published
BIRCH, Circuit Judge:

Tyrone and Darlene Dickerson (the “Debtors”) appeal the district court’s judgment, which reversed the bankruptcy court’s order finding that American General Finance Inc.’s (“AGF’s”) lien against the Debtors’ principal residence was unsecured and that the Debtors were entitled to strip AGF’s lien against their residence. The bankruptcy court concluded that, because there was inadequate equity in the Debtors’ residence to secure AGF’s lien, AGF’s claim would be considered an unsecured claim in the debtors’ Chapter 13 bankruptcy proceeding. [1] The bankruptcy court further concluded that, as a wholly unsecured lien, AGF’s lien was not entitled to the protection against modification afforded under 11 U.S.C. § 1322(b)(2) to the holders of claims secured solely by the debtors’ principal residence. The district court reached the opposite conclusion and determined that, although AGF’s hen would be treated as a wholly unsecured claim pursuant to 11 U.S.C. § 506(a), it remained entitled to the special “anti-modification” protection provided to creditors whose claims are secured only by a lien on the debtor’s principal residence under § 1322(b)(2). [2]

[*926] This court’s recently announced decision in In re Tanner, 217 F.3d 1357 (11th Cir.2000), controls the disposition of the case now before us. In In re Tanner, a panel of this court considered the interplay between sections 506(a) and 1322(b)(2) of the Bankruptcy Code and determined that creditors whose liens are wholly unsecured under § 506(a) are not entitled to the protection of § 1322(b)(2) even if their claim was secured solely by a lien on the debtors’ principal residence. See 217 F.3d at 1359. Therefore, it is now the rule within this circuit that § 1322(b)(2) of the Bankruptcy Code protects only those homestead mortgages that are secured by some existing equity in the debtor’s principal residence according to § 506(a). Applying this rule, we conclude that AGF’s lien against the Debtors’ principal residence is unsecured and, accordingly, is not entitled to protection against modification under § 1322(b)(2). Therefore, the Debtors may strip AGF’s lien against their residence.

However, were we to decide this issue on a clean slate, we would not so hold. We find persuasive the district court’s reasoning that providing “anti-modification” protection to junior mortgagees where the value of the mortgaged property exceeds the senior mortgagee’s claim by at least one cent, as prescribed by the Supreme Court’s decision in Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), but denying that same protection to junior mortgagees who lack that penny of equity, places too much weight upon the valuation process. As we have noted “[v]aluation outside the actual market place is inherently inexact.” Rushton v. Commissioner of Internal Revenue, 498 F.2d 88, 95 (5th Cir.1974). Given the unavoidable imprecision and uncertainty of the valuation process, we think that choosing to draw a bright line at this point is akin to attempting to draw a bright line in the fog. Moreover, we believe that Congress’s use of the phrase “a claim secured only by” instead of the term “secured claim” to describe those claims which could not be modified in a Chapter 13 bankruptcy plan supports the conclusion that the “anti-modification” protection of § 1322(b)(2) should extend to all claims secured solely by the debtor’s principal residence, not just those junior homestead mortgages where there is sufficient equity in the subject property to support both the entire senior and part of the junior homestead mortgages. See 11 U.S.C. § 1322(b)(2); see also United States v. DBB, Inc., 180 F.3d 1277, 1281 (11th Cir.1999) (“The starting point for all statutory interpretation is the language of the statute itself.”).

Nonetheless, under the prior precedent rule we must apply the rule established by this court in In re Tanner, 217 F.3d 1357 (11th Cir.2000) (holding that § 1322(b)(2) of the Bankruptcy Code protects only those homestead mortgages that are secured by some existing equity in the debt- or’s principal residence according to § 506(a)). Accordingly, we REVERSE the district court’s order and REMAND for entry of judgment in favor of the Debtors.

1

. The bankruptcy court did not determine the actual value of the debtors' residence but, instead, determined that the highest possible value was $56,000, the highest value offered at trial. The residence was encumbered by a first mortgage held by Farmers Home Administration (''FHA”) and a second mortgage held by AGF. FHA filed a proof of claim in the amount of $59,889.74, and AGF filed a proof of claim in the amount of $21,432.06.

2

. The district court noted that there had been a split among bankruptcy courts, district courts and bankruptcy scholars regarding the interpretation the Supreme Court's holding in Nobelman v. American Savings Bank, 508 U.S.[*926] 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), superseded in part by statute on other grounds as stated in In re Tanner, 217 F.3d 1357, 1359 n. 5 (11th Cir.2000), and its application to the question of whether creditors whose claims are wholly unsecured pursuant to § 506(a) were entitled to the protection provided under § 1322(b)(2). The district court reasoned that the language of § 1322(b)(2), the Supreme Court’s interpretation of § 1322(b)(2) in Nobelman, and the uncertainty inherent in establishing a value for a debtor's residence supported the conclusion that § 1322(b)(2) protects all claims secured only by the debt- or’s principal residence, even if such a claim would be considered unsecured under a § 506(a) valuation.