Maria Luz Navarro

Introduction 12 Before the court is a Motion for Relief From Order Under 13 FRCP 60(b)(1) filed by secured creditor Scenic Oaks Funding, LLC 14 (“Scenic Oaks”). Scenic Oaks asks the court to reconsider and 15 vacate an order entered on June 26, 2023, sustaining an objection 16 by Debtor Maria Navarro (“Debtor”) to Scenic Oaks’ claim in 17 excess of $230,000 and disallowing the claim as an accelerated 18 arrearage claim in this Chapter 13 case (the “Claim Objection 19 Order”).1 20 As of the date of this memorandum decision, the Debtor had 21 not filed an opposition. Nevertheless, because the current 22 motion is one for reconsideration it is within the court’s 23 discretion to decide it without an opposition and without a 24 hearing. Hammer 1994 Family Trust v. Van Damme (In re Van 25 26 1The accelerated arrearage claim is the total unpaid balance of a loan that Scenic Oaks made to the Debtor in May 2021. The loan is secured by a deed of trust on the Debtor’s residence. The Debtor’s son, Juan Navarro (“Mr. Navarro”), is a co-signor on the loan. Scenic Oaks accelerated the loan after it accused Mr. Navarro of misstating his employment status in loan documents. 1 …