Rogers v. California Federal Bank

MEMORANDUM **

Julia Ann Rogers (“Rogers”) appeals from the Bankruptcy Appellate Panel’s (“BAP”) affirmation of the Bankruptcy Court, which had dismissed her complaint against California Federal Bank (“CalFed”) for failure to state a claim. Her complaint alleged conspiracy, intentional infliction of emotional distress, wrongful disclosure, conversion, abuse of process, and interference with contractual interest, all in connection with CalFed’s foreclosure on a property during an automatic stay that was retroactively annulled by the Bankruptcy Court. She claims on appeal that the Bankruptcy Court erred in annulling the automatic stay and that it lacked jurisdiction over the present complaint. We disagree and affirm the Bankruptcy Court’s dismissal of her claim.

*842 I. Revisiting the Annulment

Rogers asks this court to reconsider the Bankruptcy Court’s annulment and to reinstate the automatic stay. She argues that CalFed failed to establish the extreme circumstances that would justify a retroactive annulment, and that the doctrine of “clean hands” should have prevented CalFed from benefitting from the annulment.

The annulment of the stay is not properly before this court.…