- 9th Cir. BAP CC-15-1092-KuFTa (April 5, 2016) (unpublished)
- The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a full and fair opportunity to appeal prior rulings, which were now final and nonappealable.
- Procedural context:
- The Debtor obtained a discharge in a Chapter 7 case and then filed a Chapter 13 case in which it filed motions and an adversary proceeding contesting the validity of Bank of America's deed of trust on his residence, which were ultimately dismissed. The Debtor re-opened his Chapter 7 case and filed motions disputing Bank of America's lien, which the bankruptcy court denied. The Debtor timely filed notices of appeal from two of the bankruptcy court’s denial orders. The BAP affirmed the bankruptcy court orders.
- The Debtor disputed Bank of America's lien via claim objection proceedings and a separate adversary proceeding, all of which were unsuccessful. What appears to complicate the context of the dismissal of the Debtor's untimely efforts to re-litigate these issues is the fact that, in connection with a later relief from stay motion, the bankruptcy court ordered Bank of America to file supplemental papers and to demonstrate that the bankruptcy filing of the original lender identified in the note and the deed of trust – First Magnus Financial Corporation – did not render invalid a November 2009 assignment from MERS to Bank of America of the beneficial interest in the note and the deed of trust. The bankruptcy court then denied relief from stay. The appeals did not relate to that motion but to the Debtor's attempt to directly contest Bank of America's lien which had already been resolved in favor of Bank of America in several prior rulings of the bankruptcy court.
- KURTZ, FARIS and TAYLOR, Bankruptcy Judges.
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