Legal Opinion
Perez v. Deutsche Bank National Trust Co. ex rel. Certificate Holders of Morgan Stanley ABS Capital I Inc. Trust 2003-NC10
Bankruptcy Appellate Panel of the First Circuit
Decided September 28, 2016No. BAP NO. MS 16-007; Bankruptcy Case No. 15-30108-MSHPublishedCited by 5 opinions
1Opinion of the Court
Cary, U.S. Bankruptcy Appellate Panel Judge.
Robert Perez (the “Debtor”) appeals the order denying his Motion for Finding of Breaches of the Automatic Stay and Damages (the “Motion”). Despite the overwhelming number of courts that have ruled to the contrary, the Debtor sought to have Deutsche Bank National Trust Company, as Trustee on behalf of Certificate Holders of Morgan Stanley ABS Capital I Inc. Trust 2003-NC10,. Mortgage Pass-Through Certificates, Series 2003-NC10 (the “Creditor”), sanctioned for having twice postponed its foreclosure sale post-petition. For the reasons set forth below,…
2Cases cited42 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
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3Cited by5 opinions
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