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Stephan v. Wells Fargo Bank N.A. (In re Stephan)

Feb
05
2014
Ruling
Stay barred lender from pursuing foreclosure on second mortgage that had been classified as unsecured.
Issue(s)
Was creditor entitled to relief from stay to pursue foreclosure on a second mortgage that the bankruptcy court had held was unsecured?

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Consumer opinion summary, case decided on February 05, 2014 , LexisNexis #0714-006
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Rios v. Shafer (In re Shafer)

Oct
14
2009
Ruling
Interlocutory appeals of denials of request to strike pleadings and for summary judgment and reconsideration and request for stay of trial in bankruptcy court denied.
Procedural posture

Appellant debtor filed a request for a stay of a trial in bankruptcy proceedings that were pending in a bankruptcy court, so that the court could consider two interlocutory appeals. The appeals involved the debtor's request to strike pleadings filed by appellees as a sanction for failure to provide discovery and an order denying the debtor's motion for summary judgment. The debtor also sought reconsideration of an order dismissing an appeal.

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Consumer opinion summary, case decided on October 14, 2009 , LexisNexis #1109-064
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Rossiter v. Simon (In re Rossiter)

Nov
04
2008
Ruling
Denial of extension of stay to cover property that was not part of estate upheld.
Procedural posture

Appellant debtor filed a petition under chapter 13 of the Bankruptcy Code, and she filed a motion under 11 U.S.C.S. § 362 for an extension of the automatic stay to an action appellee buyer filed in state court to foreclose the debtor's right to redeem a tax sale certificate. The U.S. Bankruptcy Court for the District of New Jersey denied the debtor's motion and granted the buyer's motion for relief from the automatic stay. The debtor appealed.

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Consumer opinion summary, case decided on November 04, 2008 , LexisNexis #1208-037
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