McKenna v. PNC Bank, N.A. (In re McKenna)

Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
12 years 9 months ago

Citation:

BAP No. WW-12-1443-MkKiJu (9th Cir. BAP) (unpublished) (entered May 28, 2013)

Tag(s):

Ruling:

BAP affirmed bankruptcy court order that, notwithstanding series of mergers, creditor had established standing to obtain relief from stay to evict chapter 7 debtors following foreclosure.

Procedural context:

BAP affirmed bankruptcy court order granting relief from stay.

Facts:

Debtor attempted in state and federal court actions to have foreclosure sale of its residence deemed void, but were unsuccessful. They then filed a chapter 7 petition. Creditor bank, who was the successor to the foreclosing creditor through a series of mergers, filed a motion for relief from stay to evict the chapter 7 debtors, which was granted. Debtors argued, among other things, that creditor had failed to provide evidence of ownership and to establish standing .

Judge(s):

Markell, Kirscher, and Jury

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