Teresa Moore v. Bayview Loan Servicing, LLC

Good Law
577 F. App'x 655
United States Court of Appeals for the Ninth CircuitMay 29, 201412-17000California245 words

Opinion

Opinion

MEMORANDUM

Teresa Jean Moore appeals pro se from the district court’s judgment affirming the bankruptcy court’s order granting Bayview Loan Servicing, LLC’s motion for relief from the automatic stay with respect to certain real property. We have jurisdiction under 28 U.S.C. § 158 (d). We review independently the bankruptcy court’s decision without deference to the district court’s determinations. Leichty v. Neary (In re Strand), 375 F.3d 854, 857 (9th Cir.2004). We affirm.

The bankruptcy court did not abuse its discretion by granting relief from the automatic stay with respect to certain real property because Bayview established that it had a colorable claim to the property. See Arkison v. Griffin (In re Griffin), 719 F.3d 1126, 1128 (9th Cir.2013) (per curiam) (explaining that “because final adjudication of the parties’ rights and liabilities is yet to occur, a party seeking stay relief need only establish that it has a colorable claim to the property at issue”); Moldo v. Matsco, Inc. (In re Cybernetic Servs., Inc.), 252 F.3d 1039, 1045 (9th Cir.2001) (reviewing for an abuse of discretion the bankruptcy court’s decision to grant relief from an automatic stay).

Moore’s…

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