- BAP No. NC-14-1140-PaJuKu (9th Cir. November 12, 2014)
- The unpublished decisions of the Ninth Circuit Bankruptcy Appellate Panel the appeal of the bankruptcy court's order sustaining Deutsche Bank's objection to the Chapter 13 plan and denying confirmation of the Chapter 13 plan was dismissed as a moot issue based on the dismissal of the Chapter 13 case. Deutsche Bank met its burden to demonstrate it had standing to file its Proof of Claim. Deutsche Bank possessed both copies of the note, deed of trust, and respective assignemnts.
- Procedural context:
- Chapter 13 Debtor appealed the bankruptcy court's ruling denying the Debtor's objection to Deutsche Bank National Trust Co., as Trustee for GSAA Home Equity Trust 2006-8 ("Deutsche Bank") Proof of Claim, and, Debtor appealed the bankruptcy court's ruling sustaining Deutsche Bank's objection to the Chapter 13 plan.
- On or about 2005, the Debtor entered into an adjustable rate promissory note and deed of trust with Wells Fargo Bank, N.A. ("Wells Fargo"). Debtor's Chapter 13 plan identified and proposed to pay the asserted $24,000 in pre-petition arrears to Wells Fargo through the life of the Chapter 13 Plan. Deutsche Bank filed a secured proof of claim asserting the pre-petition arrears totaled $278,886.31. Debtor objected to Deutsche Bank's proof of claim asserting it had no standing. The bankruptcy court held a evidentiary hearing to determine whether Wells Fargo was acting as the servicer. After the Debtor appealed the bankruptcy court's decision(s), the Debtors's Chapter 13 case was dismissed and Debtor's motion to reconsideration was denied. Therefore, at the time in which the appeal was considered, the Chapter 13 case had been dismissed.
- PAPPAS, JURY and KURTZ, Bankruptcy Judges
John Finstad v. James Gord
Summarizing by Bradley Pearce
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