Ronald Martinez v. Wells Fargo Bank, N.A. (In re Martinez)

Case Type:
Consumer
Case Status:
Affirmed
Citation:
BAP No. CC-19-1037-FSTa (9th Circuit, Oct 08,2019) Not Published
Tag(s):
Ruling:
BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) denying chapter 13 debtor's motion for reconsideration of order deny debtor's motion to vacate relief from stay order. Order providing for cure of post-petition defaults in plan payments did not impermissibly modify plan.
Procedural context:
Bankruptcy court (CD Cal.) granted creditor's relief from stay motion. Chapter 13 debtor moved to vacate order under FRBP 9023. Bankruptcy court denied motion. Debtor appealed to BAP for 9th Cir.
Facts:
Martinez filed chapter 13 in part due to defaults in residential mortgages. Debtor confirmed plan providing for cure and maintenance of second lien, with regular monthly payments at contract rate. Second lienholder did not object or appeal confirmation order. Debtor made two post-confirmation payments to lienholder. Lienholder applied payments to prepetition default amounts. Two months later, second lienholder moved for relief from stay, asserting debtor had defaulted under plan by failing to make regular monthly payments. Bankruptcy court entered stay order requiring debtor to make cure payments, with restrictions on further defaults. Debtor filed motion to amend order under Rule 9023 asserting lienholder did not have right to modify plan. Bankruptcy court denied motion. Debtor appealed to BAP.
Judge(s):
Faris, Spraker, Taylor

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