ATFH Real Property, LLC v. Stewart

OPINION

BRADFORD, Judge.

Appellant-Plaintiff ATFH Real Property, LLC, appeals from the trial court’s entry of summary judgment in favor of Appellee-Defendant GMAC Mortgage (“GMAC”). We affirm.

FACTS

On March 13, 2002, Howard Stewart filed for bankruptcy pursuant to Chapter 13 of the Federal Bankruptcy Code in the Southern District of Indiana. Among Stewart’s assets was a house at 1841 North Bolton Avenue in Indianapolis, on which GMAC held a mortgage and promissory note. Pursuant to 11 U.S.C. § 362 (2002), Stewart’s filing acted as a stay on, inter alia, “any act to obtain possession of property…