Olson

Olson v. Bay Area Foreclosure Investments, LLC

Good Law
276 F. App'x 641
United States Court of Appeals for the Ninth CircuitMay 1, 2008No. 06-17394California337 words

Opinion

Lead Opinion

MEMORANDUM **

Roy Olson appeals pro se from the decision of the Bankruptcy Appellate Panel affirming the bankruptcy court’s order granting appellees retroactive relief from the automatic stay in order to validate a state court judgment entered after the bankruptcy filing. We have jurisdiction under 28 U.S.C. § 158 (d). We review the *642 decision to retroactively lift the stay for an abuse of discretion, National Envtl. Waste Corp. v. City of Riverside (In re National Envtl. Waste Corp.), 129 F.3d 1052, 1054 (9th Cir.1997), and we affirm.

The bankruptcy court did not abuse its discretion in granting retroactive relief under 11 U.S.C. § 362 (d), based on factual findings that appellees were not aware of the bankruptcy petition when they filed for judgment in state court and that Olson filed his bankruptcy petition in bad faith. See id. at 1055 (explaining that relief under § 362(d) is not an abuse of discretion where bankruptcy court properly weighs the equities, including the creditor’s knowledge of the bankruptcy and the debtor’s conduct in bringing the bankruptcy proceedings).

The bankruptcy court did not clearly err in determining that appellees were not aware of the…

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