Frates v. Wells Fargo Bank, N.A. (In Re Frates)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
JURY, Bankruptcy Judge.
Chapter 13 1 debtors, Michael Allen Frates and Carla Jean Frates (collectively, Debtors), filed a motion under § 522(f) asking the bankruptcy court to avoid the judicial lien of Wells Fargo Bank, N.A. (Wells Fargo) which encumbered their residence. Wells Fargo failed to respond. Debtors then filed a request for entry of order by default. The bankruptcy court denied them request on procedural grounds: (1) the notice of the motion failed to identify the real property and (2) the notice, motion and accompanying pleadings were not served on counsel listed on the…
2Cases cited11 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Hanna v. PlumerSupreme Court of the United States · 1965
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- Jones v. FlowersSupreme Court of the United States · 2006
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
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