Albritton v. Kartchner

Good Law
457 F. App'x 631·457 F. App’x 631·457 Fed. Appx. 631·2011 WL 5188956
United States Court of Appeals for the Ninth CircuitNovember 2, 201110-60026California277 words

Opinion

Opinion

MEMORANDUM

Sabra Albritton appeals pro se from the Bankruptcy Appellate Panel’s judgment affirming the bankruptcy court’s order granting Countrywide Home Loans, Inc.’s motion for relief from an automatic stay with respect to certain real property. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir.2009). We may affirm on any ground supported by the record, Stevens v. Nw. Nat’l Ins. Co. (In re Siriani), 967 F.2d 302, 304 (9th Cir.1992), and we affirm-.

The bankruptcy court did not abuse its discretion by granting relief from the automatic stay with respect to certain real property because the real property at issue was not property of the bankruptcy estate, and Albritton had no equity in that property. See 11 U.S.C. § 362 (d)(1), (2) (allowing bankruptcy court to grant relief from the stay either for cause or with respect to property in which the debtor has no equity and which is unnecessary to an effective reorganization); Moldo v. Matsco, Inc. (In re Cybernetic Servs., Inc.), 252…

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