Bostanian v. Liberty Savings Bank

Opinion

TURNER, P. J.

I. Introduction

This matter is presently before this court on a motion to dismiss the appeal, which is not subject to the automatic stay (Shah v. Glendale Federal Bank (1996) 44 Cal.App.4th 1371,1374-1379 [52 Cal.Rptr.2d 417]), for lack of standing in light of a plaintiff’s bankruptcy filing. The question presented is whether a cause of action to set aside a foreclosure sale of the debtor’s residence is property of the bankruptcy estate which only the chapter 7 trustee can pursue. The motion is by Liberty Savings Bank, F.S.B., and Professional Foreclosure Corporation…