- Owens v. GMAC Mortgage, LLC (In re Owens), Case No.12-15142 (11th Cir. April 29, 2013) (unpublished) (per curiam)
- If an appellant intends to urge on appeal that a finding or conclusion is unsupported by evidence or is contrary to the evidence, the appellant must include in the record a transcript of all evidence relevant to that finding or conclusion.
- Procedural context:
- Appeal from the United States District Court of the Northern District of Georgia of entry of an order affirming the bankruptcy court's order granting stay relief to GMAC.
- Owens filed a Chapter 13 bankruptcy in 2011. GMAC, the servicer for Owen's mortgage moved for relief from the automatic stay and for in rem relief on the home in order to begin state court foreclosure proceedings. The bankruptcy court held a hearing on the matter and subsequently issued an order granting GMAC both forms of relief for "reasons stated on the record in open court." Owens appealed the order to the district court but did not request a transcript of the bankruptcy court hearing. The district court affirmed. Owens now contends that the bankruptcy court erred in granting both in rem relief and relief from the automatic stay and that the bankruptcy court did not afford Owens of adequate due process. Without a transcript of what occurred in the bankruptcy court, the Eleventh Circuit was not able to meaningfully review the bankruptcy court's decision and affirmed the district court.
- Tjoflat, Pryor and Kravitch
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