Brown

BACKGROUND

Because this opinion is limited to the timeliness of Brown’s appeal to the district court,1 we will just briefly summarize the facts. Brown obtained a loan from LaSalle National Bank secured by a deed of trust. Wilshire Credit Corporation ser- viced the loan for the bank. After Brown defaulted, Fidelity National Title Insurance Company, the foreclosure trustee on the deed of trust, scheduled a non-judicial foreclosure sale. The sale took place a few hours after Brown had filed for bankruptcy protection. Complications ensued. Ultimately, Brown brought an adversary proceeding against Wilshire alleging that Wilshire violated the automatic stay. 1 In a separate memorandum disposition filed contemporaneously with this opinion, we reverse the bankruptcy court’s award of sanctions against Ronald Ellett, Brown’s counsel.

IN RE: BROWN 4583

Cross-motions for summary judgment were filed, and argu- ment on the motions was held on April 22, 2004. Ruling from the bench at the conclusion of the argument, the bankruptcy judge granted Wilshire’s motion for summary judgment and gave his reasons. At the end of the bankruptcy judge’s remarks, the following…