Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A.
- Citation:
- Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A. Ch. 7 Case No. 13-12878-FJB, BAP No. MB 13-042 (B.A.P. 1st Cir. Feb. 25, 2014)
- Tag(s):
-
- Ruling:
- Debtor lacked standing to pursue appeal because the there was no equity in the subject property, the Debtor's discharge was not implicated, and Debtor failed to show he was a "person aggrieved" in any cognizable way.
- Procedural context:
- Following a non-evidentiary hearing, the Bankruptcy Court issued an order granting a Motion for Relief from the Automatic Stay. The Debtor filed a Motion for Reconsideration. The Bankruptcy Court denied the Motion for Reconsideration on the grounds that it had been rendered moot by the subsequent dismissal of the chapter 7 bankruptcy case on account of the Debtor's failure to satisfy its obligations under § 521. The Debtor appealed the granting of relief from stay and the denial of reconsideration.
- Facts:
- In May 2013, the Debtor filed a case under the provisions of Chapter 7 of the Bankruptcy Code. JPMorgan Chase Bank, N.A. filed a Motion for Relief from the Automatic Stay seeking authority to foreclose a first-priority mortgage on certain real estate owned by a Trust, in which the Debtor held a 75% beneficial interest. There was no dispute that the mortgage was in default and there was no equity in the real estate. The Debtor argued that the Trust was invalid and that Chase lacked standing to file the Motion for Relief from Stay.
- Judge(s):
- Kornreich, Tester, and Finkle
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