Legal Opinion
In Re Vargas
United States Bankruptcy Court, C.D. California
Decided October 21, 2008No. LA08-17036SBPublishedCited by 18 opinions
1Opinion of the Court
MERS RELIEF FROM STAY MOTION: FINDINGS OF FACT AND CONCLUSION OF LAW
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. Introduction
Movant Mortgage Electronic Registration Systems, Inc. (“MERS”) supports this relief from stay motion under § 362(d) 1 solely with evidence from a low level clerk whose only function is to compare the financial numbers on his evidentiary declaration with those on a computer screen. After trial, the court finds that the clerk is not competent to testify as to anything relevant to the motion, under the applicable evidentiary rules, and that MERS has presented no admissible…
2Cases cited5 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- United States v. Lino CatabranCourt of Appeals for the Ninth Circuit · 1988
- American Express Travel Related Services Co. v. Vinhnee (In Re Vinhnee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Remington Investments, Inc. v. HamedaniCalifornia Court of Appeal · 1997
- In Re Kang Jin HwangUnited States Bankruptcy Court, C.D. California · 2008
3Cited by18 opinions
- Pilgeram v. Greenpoint Mortgage Funding, Inc.Montana Supreme Court · 2013
- Edelstein v. Bank of New York MellonNevada Supreme Court · 2012
- Landmark National Bank v. KeslerSupreme Court of Kansas · 2009
- In Re WilhelmUnited States Bankruptcy Court, D. Idaho · 2009
- Smith v. Wells Fargo BankDistrict of Columbia Court of Appeals · 2010
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