Goldenberg v. Deutsche Bank National Trust Co. (In re Papazov)
- Summarized by James Webster , Law Office of James Portman Webster, PLLC
- 10 years 5 days ago
- Citation:
- Goldenberg v. Deutsche Bank National Trust Co. (Unpublished) (In re Papazov) (BAP 9th Cir May 30, 2013)
- Tag(s):
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- Ruling:
- The Bankruptcy Court did not abuse its discretion in denying Appellant, Goldenberg Family Trust ("Goldenberg") a Motion to Reopen and a Motion for Injunctive Relief. The Bankruptcy Court denied the Motion for the wrong reason, however, the result was correct because Goldenberg lacked standing because it was not a party in interest in the bankruptcy of Paparov. Even if Goldenberg had standing, the denial was appropriate because a case cannot be reopened under 11 USC 350(b) unless the case was closed (compared to dismissed as was the case in the Papazov case).
- Procedural context:
- Goldenberg filed a Motion to Reopen and a Motion for Injunctive Relief. The bankruptcy court denied both motions reasoning that there was no good cause to reopen the case.
- Facts:
- Goldenberg received a quit claim deed from Irina Lukashin ("Lukashin"). Lukashin then took a deed of trust out on the property with Garegin Papazov ("Debtor"). Debtor's case was eventually dismissed and an order to lift the automatic stay was granted by the court. After the Chapter 7 was dismissed, Goldenberg sought to reopen the Chapter 7 and sought injunctive relief in regards to the automatic lift stay order obtained by Deutsche Bank National Trust Co. ("Deutsche").
- Judge(s):
- Kirscher, Clement, and Dunn, Bankruptcy Judges.
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