PHH Mortgage Corp. v. Cardiello (In Re Vitale)

MEMORANDUM OPINION

CARLOTA M. BÓHM, Bankruptcy Judge.

The matter before the Court is the Motion for Relief from the Automatic Stay Nunc Pro Tunc (“Motion”) filed by PHH Mortgage Corporation seeking retroactive relief from the automatic stay and abandonment of property by the bankruptcy estate. 1 For the reasons stated herein, the Court finds that the relief requested is appropriate under the unique circumstances of this case.

I. Background

The Motion was filed on December 2, 2011. Although no response was filed, the Court had concerns regarding the fact that the Motion sought retroactive relief…