Summary
This is an order of the United States Bankruptcy Court for the Central District of California in Alexey Ott’s Chapter 13 case. The court continues the hearing on the debtor’s motion for contempt alleging a violation of the automatic stay, sets deadlines for Canyon View to seek retroactive annulment of the stay and file opposition papers, and sets related briefing deadlines. The order provides preliminary analysis concerning the applicability of the automatic stay to a manufactured home, annulment of the stay, and potential damages.
Questions Presented
- Whether the automatic stay applied to Canyon View's foreclosure or lien sale of the manufactured home despite the prior state-court judgment for possession of, and sheriff's delivery of possession of, the land on which the home was located.
- Whether Canyon View could obtain retroactive relief from, or annulment of, the automatic stay.
- Whether the debtor suffered cognizable damages from any violation of the automatic stay.
Disposition
other
Cases Cited (5)
- In re Perl, 811 F.3d 1120 (9th Cir. 2016)(followed as analytical roadmap; issue left unresolved)
- In re National Environmental Waste Corp., 129 F.3d 1052 (9th Cir. 1997)(considered)
- In re Fjeldsted, 293 B.R. 12 (9th Cir. BAP 2003)(considered)
- In re Merriman, 616 B.R. 381 (9th Cir. BAP 2020)(considered)
- In re Williams, 323 B.R. 691 (9th Cir. BAP 2005), aff'd, 204 Fed. App'x 582 (9th Cir. 2006)(considered; overruled in part on other issues)
Cited In (0)
No citing cases on record yet.
Court Document
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