In re: Chapter 7 Case No. 11-24269 JUANITA STRASSFIELD, Debtor.

ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY BASED ON FILING FALSE DOCUMENTS WITH THE COURT

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ORDER DENYING WELLS FARGO’S MOTION TO VACATE AUTOMATIC STAY

AND PARTIALLY GRANTING RELIEF SOUGHT IN OBJECTIONS THERETO

Upon the motion, dated January 24, 2012 (the “Motion”), of Wells Fargo Bank, N.A.

(“Wells Fargo”) to vacate the automatic stay in this case pursuant to 11 U.S.C. § 362(d); and upon the objections to the Motion submitted on behalf of the debtor, Juanita Strassfield (the “Debtor”) and the Chapter 7 trustee (together, the “Objections”) and all related responses and replies; and this Court having jurisdiction to consider the Motion and the Objections under 28 U.S.C. §§ 157(a) and 1334(b); and due and sufficient notice thereof having been given, and no other or further notice being necessary; and upon the record of the hearings on the Motion, including the January 23, 2013 hearing on the Motion; and, after due deliberation, the Court

having found that that Wells Fargo has not carried its burden of proof with respect to its standing to bring the Motion, it is hereby

ORDERED that the Motion is denied in its entirety; and it is further

ORDERED that Wells Fargo pay the reasonable fees and expenses (including reasonable attorneys’ fees and expenses) of the Debtor and the Chapter 7 trustee in responding to the Motion, in an amount to be determined by the Court following submission of fee applications by the Chapter 7 trustee and the Debtor to the Court and a hearing thereon to be scheduled by the applicants. Such applications shall be filed and served upon all parties in interest on or before 30 days after the date of this Order, and any response thereto shall be filed and served on or before 20 days after the service of any such applications; and it is further

ORDERED that the entry of this Order is without prejudice to the right of any party in

interest, including, without limitation, the United States Trustee, to seek further relief based on the alleged improper filing of false documents with the Court.

Dated: February 11, 2013

White Plains, New York

/s/Robert D. Drain__

Hon. Robert D. Drain

United States Bankruptcy Judge

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Published In: Bankruptcy Updates, Civil Remedies Updates, Consumer Protection Updates, Finance & Banking Updates, Residential Real Estate Updates

Reference Info:Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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