Marshall v. Deutsche Bank National Trust Co. (In re Marshall)

Case Type:
Case Status:
No. 18-6022, 2019 WL 177965 (8th Circuit, Jan 14,2019) Not Published
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.
Debtor owned real property. Debtor gave a mortgage to Bank.
Saladino, Nail, Dow

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