Legal Opinion
In Re Weisband
United States Bankruptcy Court, D. Arizona
Decided March 29, 2010No. 4:09-bk-05175-EWHPublishedCited by 22 opinions
1Opinion of the Court
MEMORANDUM DECISION
EILEEN W. HOLLOWELL, Bankruptcy Judge.
I. INTRODUCTION
The debtor, Barry Weisband (“Debtor”), has challenged the standing of creditor, GMAC Mortgage, LLC (“GMAC”), to seek stay relief on his residence. After reviewing the documents provided by GMAC and conducting an evidentiary hearing, the court concludes that GMAC, the alleged servicer of the Debtor’s home loan, lacks standing to seek stay relief. The reasons for this conclusion are explained in the balance of this decision.
II. FACTUAL AND PROCEDURAL HISTORY
A. Creation of Debtor’s Note And Asserted Subsequent Transfers
On or…
2Cases cited23 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- John L. Dean v. Trans World Airlines, Inc. Air Line Pilots Association, InternationalCourt of Appeals for the Ninth Circuit · 1995
- Pershing Park Villas Homeowners Ass'n v. United Pacific InsuranceCourt of Appeals for the Ninth Circuit · 2000
- Trejos v. VW Credit, Inc. (In Re Trejos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
18 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- In Re WalkerUnited States Bankruptcy Court, E.D. Pennsylvania · 2012
- Hogan v. Washington Mutual Bank, N.A.Arizona Supreme Court · 2012
- In re: Arnold John Allen, Jr. and Kimberly Faith AllenUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re AlcideUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
17 more not listed; retrieve them via the Exa API.