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Legal Opinion

In re Rice

Bankruptcy Appellate Panel of the Sixth Circuit

Decided December 5, 2011No. BAP No. 11-8032PublishedCited by 11 opinions

1Opinion of the Court

OPINION

G. HARVEY BOSWELL, Bankruptcy Judge.

In this appeal, Wells Fargo Bank appeals an order of the bankruptcy court which concluded Wells Fargo Bank lacked standing to seek relief from the automatic stay in the debtors’ chapter 7 bankruptcy case. For the reasons that follow, the Panel reverses the bankruptcy court’s decision and remands the case for a hearing on Wells Fargo Bank’s motion for relief from the stay.

ISSUE ON APPEAL

The issues raised by this appeal are whether the bankruptcy court erred: (1) in concluding that Wells Fargo had an obligation to change the lienholder of record on the…

2Cases cited38 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  3. Kokoszka v. BelfordSupreme Court of the United States · 1974
  4. In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
  5. In Re: James A. Brady, Debtor. James A. Brady v. Donald T. McAllisterCourt of Appeals for the Sixth Circuit · 1997

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3Cited by11 opinions

  1. In Re LeeBankruptcy Appellate Panel of the Sixth Circuit · 2012
  2. Junk v. CitiMortgage, Inc. (In re Junk)United States Bankruptcy Court, S.D. Ohio · 2014
  3. In re Sweports, Ltd.United States Bankruptcy Court, N.D. Illinois · 2012
  4. Innerwood & Co. v. Privett (In re Privett)District Court, S.D. Ohio · 2016
  5. Appalachian Basin Capital LLCUnited States Bankruptcy Court, N.D. Ohio · 2022

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