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

Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 3 months ago

Citation:

Ray v. Deutsche Bank National Trust Co. (In re Ray), Case No. NV-15-1137-LDoKi (9th Cir. B.A.P., Nov. 14, 2016) (unpublished)

Tag(s):

Ruling:

Bankruptcy court did not abuse its discretion in (1) denying Appellant debtor's motion for an extension of time to file an opposition, (2) granting relief from stay to Appellee, and (3) denying Appellant's motion for reconsideration.

Procedural context:

Appeal from the bankruptcy court for the District of Nevada, reviewed for abuse of discretion.

Facts:

Appellant's real property was sold at a foreclosure sale, and a deed was recorded in favor of Appellee. Appellant continued to reside in the property and filed multiple bankruptcies and lawsuits against Appellee. The lawsuits challenged the validity of the foreclosure sale and asserted that Appellant was the victim of a mortgage scam. Appellee moved for relief from the stay in Appellant's bankruptcy case to proceed with its eviction action against Appellant. Appellant requested additional time to file an opposition to Appellee's motion. The bankruptcy court denied Appellant's request and granted relief from stay, reasoning that the property in question was not property of the estate.

Judge(s):

Lafferty, Dore, Kirscher

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