Tremont Savings & Loan Ass'n v. Rugley (In re Rugley)

ORDER DENYING MOTION FOR RECONSIDERATION

Heard on May 19, 1987, on the debtor’s motion for reconsideration of this Court’s order of March 13, 1987, granting Tremont Savings and Loan Association relief from the automatic stay.

This motion is nothing more than another attempt by the debtor, to delay foreclosure of property located at 504 North Sloan Avenue, Compton, California. Tremont obtained relief from the automatic stay, after a full hearing before Judge Barr, on March 13, 1987, and the debtor filed the instant motion on April 6, 1987.

As a preliminary matter, the motion is not timely filed under Fed.R.Civ.P. 59(e), made applicable by Bankruptcy Rule 9023. Moreover, there has been no allegation of grounds for relief under Fed.R.Civ.P. 60(b). In addition to the absence of formal allegations, however, there is absolutely no merit in debtor’s motion. The only creditors listed on debtor’s petition and schedules concern this property. The petition lists three prior bankruptcy filings, the last of which was dismissed on January 6, 1987. Ten days thereafter, the debtor filed his present Chapter 13 petition on January 16, 1987, and Tremont, a secured creditor, obtained relief from…