Moon
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 In re ORDELL ELIZABETH MOON, Case No. 23-cv-04521-PCP
Debtor-Appellant.
ORDER DISMISSING APPEAL AND
DENYING MOTION TO STAY Re: Dkt. Nos. 11, 12
12 In February 2023, Appellant Ordell Elizabeth Moon filed for Chapter 13 bankruptcy. Appellee Deutsche Bank National Trust Co. thereafter filed a proof of claim to recover a $145,000 adjustable rate note secured by a deed of trust. Ms. Moon opposed Deutsche Bank’s proof of claim, arguing that the original loan contract unconstitutionally failed to identify the “medium of exchange” in which to settle the debt. Dkt. No. 15-2, at 151.1 The bankruptcy court-appointed Chapter 13 trustee David Burchard then moved to dismiss the case, arguing that Ms. Moon had failed to make required payments to him under Chapter 13 bankruptcy procedures and was not responding to his requests in a timely manner. Ms. Moon opposed the motion, arguing that Mr. Burchard was not licensed to practice…