In re Roger

ORDER REVERSING BANKRUPTCY COURT’S ORDER DENYING APPELLANT’S MOTION FOR RELIEF FROM STAY

This matter is before the Court on the appeal by Appellant Revere Financial Corporation (“Revere” or “Appellant”) of the United States Bankruptcy Court for the Central District of California’s (the “Bankruptcy Court”) order denying Revere’s Motion for Relief from Stay (“Order”) in case number 6:13-BK-27611-MH. Appellant filed its opening brief (“Opening Brief’) on January 29, 2015. Appellees Douglas Jay Roger (“Roger”) and Helen Frazer (“Trustee”), Chapter 7 trustee for the estate of Roger, each filed responsive briefs (“Roger Brief’ and “Trustee Brief’, respectively) on February 12, 2015. Appellant filed a reply brief (“Reply Brief’) on February 26, 2015. For the following reasons, the Court REVERSES the Bankruptcy Court’s Order denying Revere’s Motion and REMANDS with instructions to grant the Motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

This appeal is related to three other appeals of bankruptcy orders before this Court 1 and involves an intricate set of facts surrounding Revere’s attempt to collect the balance due on two loans, the “Roger Loan” and the “BLP Loan”. On December 29, 2009,…