Marshall v. Deutsche Bank National Trust Co. (In re Marshall)
- Case Type:
- Consumer
- Case Status:
- Dismissed
- Citation:
- No. 18-6022, 2019 WL 177965 (8th Circuit, Jan 14,2019) Not Published
- Tag(s):
-
- Ruling:
- A foreclosure sale in a bankruptcy case is not subject to modification by an appellate court unless the appellant receives a stay pending appeal.
- Procedural context:
- Debtor filed for chapter 13. Bank sought relief from the automatic stay for cause. Debtor failed to appear at a hearing, and the bankruptcy court granted relief from stay. Debtor filed a notice of appeal. After the bankruptcy court dismissed Debtor's case, Debtor's real property was sold to Bank at a foreclosure sale. Debtor argued that the bankruptcy court abused its discretion in denying her motion to continue the hearing that she failed to appear at.
- Facts:
- Debtor owned real property. Debtor gave a mortgage to Bank.
- Judge(s):
- Saladino, Nail, Dow
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
