- Citation:
- BAP No. CC-12-1395-DKiTa
- Tag(s):
-
- Ruling:
- BAP affirmed the Bankruptcy Court holding that a colorable claim exists when party moving for Relief From Stay for cause has previously obtained a state court default judgment declaring the interest in real property. With a colorable claim, moving party had standing. Sanctions against Debtor and Debtor's counsel are proper as the appeal is frivolous--the lack of merit is obvious from the case law and state court judgment.
- Procedural context:
- Appeal to BAP from bankruptcy court order granting relief from stay for cause.
- Facts:
- BAP Panel affirmed bankruptcy court order granting relief from stay for cause. Moving Party had a colorable claim to the property of the estate. A pre-petition state court default judgment declared that debtor had forged a signature to convey real property from Moving Party to Debtor. Moving Party therefor had a colorable claim.
- Judge(s):
- DUNN, KIRSCHER, and TAYLOR, Bankruptcy Judges
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