In re James Jerome PHILLIPS, Tamara Johnston Phillips, Debtors Bank of America, NA, Appellant, v. James Jerome Phillips, Tamara Johnston Phillips, Debtors-Appellees, 612 F. App'x 590

ON REMAND FROM THE UNITED STATES SUPREME COURT PER CURIAM: Appellees, James and Tamara Phillips, are

Chapter 7 debtors. They have two mortgages on their house secured by corresponding liens. The second lien, Bank of America’s, is completely “underwater.” The Phillipses obtained from the bankruptcy court an order “stripping off’ Bank of America’s second lien as void under 11 U.S.C. § 506(d). The district court affirmed. Bank of America appealed. Bound by our prior precedent rule, we affirmed. The Supreme Court granted Bank of America’s petition for writ of certiorari, vacated this court’s judgment, and remanded the case for further proceedings in light of Bank of America, N.A. v. Caulkett, 575 U.S.-, 135 S.Ct. 1995, 192-L.Ed.2d 52 (2015). Under Caulkett, § 506(

d) does not permit the bankruptcy court to strip off the underwater second lien. Following the issuance of Caulkett, Bank of America filed a motion for

summary reversal in this court. We deny that motion by separate order. We vacate the judgment of the district court and remand .this case to the district court for. further proceedings consistent with this opinion and Caulkett. VACATED AND REMANDED.