- 11 U.S.C.
In re Patterson
Nov
26
2012
Ruling
Relief from stay denied where creditor was not entitled under state law to enforce note.
Procedural posture
Movant creditor sought relief from stay per 11 U.S.C.S. § 362 on the ground that debtors, a married couple who had filed a chapter 7 case, were in default on their postpetition mortgage payments and owed $26,658 on account thereof. Debtors opposed the motion on the ground that movant had not complied with N.C. Gen. Stat. § 25-3-309 and so lacked standing per Fed. R. Civ. P. 17(a), applied via Fed. R. Bankr. P. 7017 and Fed. R. Bankr. P. 9014(c).
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Court
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