Salma Merritt

INTRODUCTION

In her second chapter 131 case, debtor Salma Merritt failed to appropriately prosecute her case. The bankruptcy court dismissed it over

her objection. And as this second bankruptcy case followed over a decade of other legal proceedings all seeking to avoid foreclosure on her home, the bankruptcy court also granted in rem relief from the automatic stay over her opposition. The record well supports these determinations and we

AFFIRM.

Ms. Merritt’s non-filing spouse also appealed. His standing to do so is questionable as to the case dismissal. But even if he has standing, his

appeal is meritless. He did not oppose either in rem relief or case dismissal before the bankruptcy court; all his arguments are waived.

FACTS2

In 2006, the Merritts borrowed $591,200 (the “Loan”) and secured their indebtedness by a deed of trust on their Sunnyvale, California home (the “Property”). U.S. Bank National Association, as Trustee for the Cerificateholders of Bear Stearns Arm Trust, Mortgage Pass-Through

1 Unless specified otherwise, all chapter and section references are to the Bankruptcy Code, 11 U.S.C. §§ 101–1532. 2 We exercise our discretion to take judicial notice of…