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ROSELLE v BERGER & MONTAGUE, P.C.

Summarizing by Bradley Pearce

In re Odell

Case Type:
Consumer
Case Status:
Dismissed
Citation:
17-8012 (6th Circuit, Jan 30,2018) Not Published
Tag(s):
Ruling:
The Sixth Circuit Court of Appeals dismissed the appeal of an order granting relief from stay as moot, since the underlying property had been claimed exempt and the debtor received her discharge while the appeal was pending. Since the automatic stay terminated upon the discharge pursuant to 11 U.S.C. 362(c), the Court found the appeal was moot.
Procedural context:
The debtor appealed from an order granting relief from stay, which was pending when she received her discharge.
Facts:
The Debtor filed a Chapter 7 case on October 10, 2016. On November 4, 2016 she amended Schedule C to claim her homestead exemption in property subject to a mortgage in favor of HSBC. On January 25, 2017, HSBC moved for relief from stay, which was granted after a hearing was held on March 7, 2017. The Debtor appealed, but she received her discharge on July 7, 2017.
Judge(s):
Harrison, Humphrey and Preston; opinion by Preston

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