Jackson v. ING Bank

Case Type:
Consumer
Case Status:
Affirmed
Citation:
BAP NO. MB 16-046 (1st Circuit, Aug 23,2017) Not Published
Tag(s):
Ruling:
The Bankruptcy Appellate Panel found no error or abuse of discretion in any of the orders of the Bankruptcy Court. Therefore affirmed all the issues on Appeal.
Procedural context:
Kimmy Rene Jackson (“Jackson”) attempts to appeal from at least thirteen orders of the bankruptcy court, a “transcript,” and unspecified “adverse ruling[s].” All stem from an adversary proceeding Jackson commenced in 2013 with a multi- count complaint against five defendants. The underlying dispute involves a note and mortgage that have changed hands multiple times. The crux of Jackson’s complaint, in its original iteration and as amended, is that certain attempts to foreclose the mortgage were wrongful. the court dismissed most of the counts and rule in favor of the plaintiff only as to the violation of the automatic stay, but reduced the amount of the damages granted and the amount of attorneys fees.
Facts:
After entering into a "move out agreement" with the first holder of the mortgage note of her Condo Apartment, Debtor Kimmy Renee Jackson filed for a Chapter 7 petition, didn't include the apartment as one of her assets and, after the corresponding procedure she was granted a discharge, After receivening collection notices on the mortgage note and a notice of foreslcousre sale Debtor move bank into the apartment, filed a new bankruptcy case and requested to reopen and convert the chapter 7 case to a chapter 13. Field ana adversary proceeding against all the subsequent holders of the mortgage note and the lawfirm that pursued the collection efforts. Jackson attempted to appeal “from every adverse ruling” of the bankruptcy court, leaving the Panel to guess precisely what other rulings she intends to appeal. The BAP noted that a party may not appeal from unspecified rulings. “A notice of appeal must ‘designate the judgment, order, or part thereof being appealed. After the considering the errors well pleaded on appeal the BAP found no abuse of discretion on any of the determinations of the bankruptcy court.
Judge(s):
Deasy, Cary and Fagone

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