In Re John Jeffrey Peters, Debtor. Mason-Mcduffie Mortgage Corporation v. John Jeffrey Peters
101 F.3d 618·96 Daily Journal DAR 14177·29 Bankr. Ct. Dec. (CRR) 1316·1996 U.S. App. LEXIS 30392·96 Cal. Daily Op. Serv. 8526
United States Court of Appeals for the Ninth CircuitNovember 25, 199695-16489California107 words
Opinion
In its opinion below, the Bankruptcy Appellate Panel held that mortgage lenders violate the automatic stay, 11 U.S.C. § 362 , by continuing to postpone foreclosure sales after confirmation of a debtor’s Chapter 13 reorganization plan. Peters v. Mason McDuffie (In re Peters), 184 B.R. 799, 802 (9th Cir.BAP 1995). This reasoning was thoroughly considered and rejected by District Judge Wardlaw in Barry v. BA Properties, Inc. (In re Barry), 201 B.R. 820 (C.D.Cal.1996):
In re Barry, 201 B.R. at 822-25 , (footnotes omitted).
We are persuaded by Judge Wardlaw’s analysis and adopt it as our own. The judgment of the Bankruptcy Appellate Panel is therefore REVERSED.