Legal Opinion

In re Stanley

United States Bankruptcy Court, D. Nevada

Decided October 12, 2012No. BK-S-11-15621-BAMPublishedCited by 7 opinions

1Opinion of the Court

Opinion OveRruling Objection to Amended Proof of Claim and Granting Relief from the Automatic Stay

BRUCE A. MARKELL, Bankruptcy Judge.

I. FACTS

A. The Home Loan and Stanley’s Bankruptcy Filing

On August 24, 2006, debtor Charles M. Stanley (“Stanley”), together with his non-debtor spouse,1 executed a promissory note (the “Note”). The Note was in the principal amount of $383,000, and called for monthly payments of $2,591.45. Countrywide Home Loans, Inc. (“Countrywide”) *31was named payee. Stanley incurred this debt to finance the purchase of a house in Las Vegas, Nevada (the “Property”).

To secure his…

2Cases cited10 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Elk Grove Unified School District v. NewdowSupreme Court of the United States · 2004
  3. Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
  4. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  5. Livonia Properties Holdings, LLC v. 12840-12976 Farmington Road Holdings, LLCCourt of Appeals for the Sixth Circuit · 2010

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3Cited by7 opinions

  1. Carmichael v. HigginsonCourt of Appeals of Utah · 2017
  2. Wells Fargo Bank, N.A. v. Carssow-FranklinDistrict Court, S.D. New York · 2016
  3. In Re: Enrique V. GreenbergDistrict Court, S.D. California · 2021
  4. In re: Allana BaroniUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  5. In re: Allana BaroniUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015

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