Camacho

Camacho v. GreenPoint Mortgage Funding, Inc. (In re Camacho)

Good Law
2013 WL 3340123·495 B.R. 515
United States Bankruptcy Court, Eastern District of CaliforniaJuly 2, 2013No. 13-cv-00810-MCE; Bankruptcy No. 12-35648; Adversary No. 12-02608California2,644 words

Opinion

Lead Opinion

England, J.

MEMORANDUM AND ORDER

This matter is before the Court on a Motion to Dismiss Appeal of Chapter 7 Debtor Maria Villarreal Camacho (“Camacho”) filed by Appellee GreenPoint Mortgage Funding, Inc. (“GreenPoint”) on May 21, 2013. (ECF No. 4.) In its Motion, GreenPoint argues that this Court does not have jurisdiction to hear Camacho’s appeal because the appeal was filed after the fourteen-day appeal period set forth in Federal Rule of Bankruptcy Procedure 8002(a) had expired. (Id. at 6. 1 )

Appellees Bank of America, N.A., (“Bank of America”) and U.S. Bank National Association (“US Bank”) have joined in GreenPoint’s Motion. (ECF Nos. 13 & 20.) On May 20, 2013, Camacho filed a Response to GreenPoint’s Motion opposing the dismissal of her appeal. (ECF No. 6.) For the reasons set forth below, Green-Point’s Motion is GRANTED.

BACKGROUND

On August 28, 2012, Camacho filed a voluntary Chapter 7 petition for relief under the Bankruptcy Code. (Green-Point’s Request for Judicial Notice 3 (“RJN”) Ex. 1, ECF No. 5.) On October 17, 2012, Camacho filed a Complaint commencing the Adversary Proceeding against several defendants, including Appellees *518 GreenPoint, U.S. Bank and Bank of America.…

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