Legal Opinion

Alakozai v. Citizens Equity First Credit Union (In Re Alakozai)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 2, 2013No. BAP NC-12-1470 PaDJu; Bankruptcy 12-43746-WJLPublishedCited by 30 opinions

1Opinion of the Court

OPINION

PAPPAS, Bankruptcy Judge.

Appellant Debra Ann Alakozai (“Mrs. Alakozai”) appeals the bankruptcy court’s order granting a motion for relief from the automatic stay filed by creditor Citizens Equity First Credit Union (“CEFCU”). The stay relief order permitted CEFCU to continue its prosecution of an unlawful de-tainer action in state court to remove Mrs. Alakozai and her husband, Mohamed S. Alakozai (“Mr. Alakozai”, and collectively “the Alakozais”), from their home following a foreclosure. We agree with the bankruptcy court that an in rem order entered in a prior bankruptcy case was…

2Cases cited13 opinions

  1. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  2. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
  4. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  5. Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008

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3Cited by30 opinions

  1. Greenstein v. Wells Fargo Bank, N.A. (In re Greenstein)United States Bankruptcy Court, C.D. California · 2017
  2. In re GreensteinDistrict Court, C.D. California · 2018
  3. Black v. HSBC Bank, USA (In re Black)United States Bankruptcy Court, E.D. California · 2014
  4. Dials v. HSBC Bank USA, N.A. (In re Dials)United States Bankruptcy Court, S.D. West Virginia · 2017
  5. In re MendiolaUnited States Bankruptcy Court, E.D. Wisconsin · 2017

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