Legal Opinion

Fernandez v. GE Capital Mortgage Services, Inc. (In Re Fernandez)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 5, 1998No. BAP Nos. CC-97-1628-BKME, CC-97-1863-BKME, Bankruptcy No. LA97-25043 TD, Adversary No. LA97-02372-TDPublishedCited by 40 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

We are asked in these appeals to rule on the propriety and efficacy of an in rem relief from stay order. We do not find it necessary to reach that question.

The bankruptcy court ably recounted the events in In re Fernandez, 212 B.R. 361 (Bankr.C.D.Cal.1997) and we will not repeat them here. Suffice it to say that Debtor John Fernandez filed his first chapter 13 1 on the eve of Texas Commerce Bank’s foreclosure on his home. In the five months following, that case was dismissed for his failures to attend the § 341 meeting and make payments to the trustee, his wife…

2Cases cited29 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Webster Salasker Lucas v. Department of Corrections California Men's Colony-WestCourt of Appeals for the Ninth Circuit · 1995
  4. In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, AppelleeCourt of Appeals for the Ninth Circuit · 1994
  5. Parrino v. FHP, Inc.Court of Appeals for the Ninth Circuit · 1998

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3Cited by40 opinions

  1. Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  2. Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. Tennant v. Rojas (In Re Tennant)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. Eskanos & Adler, P.C. v. Roman (In Re Roman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. Aheong v. Mellon Mortgage Co. (In Re Aheong)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002

35 more not listed; retrieve them via the Exa API.

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