Erickson v. Wells Fargo, N.A.

EDITH H. JONES, Circuit Judge: *

Wells Fargo Bank (“Wells Fargo” or “the bank”) has been attempting to foreclose on this fraudulently procured home equity loan for nearly a decade. When the bank finally obtained a judgment from the bankruptcy court purporting to “lift the automatic stay” concerning debtor Eric Erickson’s homestead, Erickson did not file a timely notice of appeal. His attorney, however, obtained an extension of time to appeal to the district court based on excusable neglect. Fed. R. Bankr.P. 9006(b)(1). Wells Fargo did not persuade the district court to dismiss the appeal, but…