In re Vogler
Nov
25
2009
Ruling
Relief from stay granted to allow bank to enforce note and deed of trust that it held by assignment.
Procedural posture
Movant bank asserted that it held a promissory note and deed of trust from a bankruptcy debtor by assignment, and the note contained an undated endorsement transferring the note to an entity and an illegible signature. The bank moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d) to enforce the note, and the trustee asserted that lack of evidence of the assignment precluded standing to seek such relief.
ABI Membership is required to access the full summary of In re Vogler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: