Legal Opinion

Sewell v. MGF Funding, Inc. (In Re Sewell)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 21, 2006No. BAP No. AZ-05-1176-MOSC, Bankruptcy No. 04-20591-RTBPublishedCited by 18 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

An order reinstating this previously-dismissed Chapter 13 2 case was signed before but entered after completion of a foreclosure sale. The bankruptcy court held that the reinstatement was not effective until the order was entered. We AFFIRM.

I. FACTS

Debtors filed their voluntary Chapter 13 petition on November 29, 2004, the day before a scheduled foreclosure sale of their home by secured creditor Mountainview Lending, LLC (“Lender”). They did not file the required documents and their case was dismissed on January 5, 2005. On January 11, 2005, they filed the…

2Cases cited19 opinions

  1. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  2. Robert P. Noli and Delora J. Noli v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1988
  3. Fjeldsted v. Lien (In Re Fjeldsted)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  4. Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  5. Fidelity Federal Bank, Fsb, a Federally Chartered Savings Bank v. Durga Ma Corporation, a New Jersey CorporationCourt of Appeals for the Ninth Circuit · 2004

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3Cited by18 opinions

  1. Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. America's Servicing Co. v. Schwartz-TallardDistrict Court, D. Nevada · 2010
  3. In Re BonnerUnited States Bankruptcy Court, W.D. New York · 2007
  4. Van Curen v. Great American Insurance (In Re Hat)United States Bankruptcy Court, E.D. California · 2007
  5. Holloway v. Valley Auto Sales (In re Holloway)United States Bankruptcy Court, M.D. Alabama · 2017

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