- Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
- In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property in their demand for relief. The objecting party must file an adversary proceeding, under FRBP 7001, to have the court determine the validity, priority, or extent of lien or other interest in property. In their adversary, the objecting party can include their objections to claim.
- Procedural context:
- Appellants/debtors filed for chapter 7 bankruptcy protection & objected to Appellees/creditors claim. Bankrupcty court denied the appellees/debtors objection to claim. The 10th Cir BAP affirmed the bankruptcy court's denial of objection to claim. Appellees/debtors appealed the 10th Cir BAP decision to the 10th Circuit Court of Appeals. 10th Cir Court of Appeals reviewed the bankruptcy court ruling & affirmed the bankruptcy court ruling.
- Prior to filing bankruptcy the appellants/debtors (D.Staker) obtained default judgments in state court nullifying the deeds of trust held by the successors in interest to appellees/creditors (Wells Fargo, U.S. Bank & Deutsche Bank). Appellants/debtors objected to Appellees claim that mortgages were improperly scheduled and were still secured claims. Appellees submission of evidence proving default motion had been vacated rendered appellants argument moot.
- John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
3263 in the system
1 Being Processed