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United Bank v. Buckingham

Summarizing by Shane Ramsey

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

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