Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Borm

United States Bankruptcy Appellate Panel For the Eighth Circuit

April 2, 2014

In re: Eric James Borm; Valorie Dawn Pearson, Debtors;
v.
Eric James Borm; Valorie Dawn Pearson, Debtors - Appellees CitiMortgage, Inc., Creditor - Appellant,

Submitted March 26, 2014.

Appeal fro United States Bankruptcy Court for the District of Minnesota - Minneapolis.

For Eric James Borm, Valorie Dawn Pearson, Debtors: Steven Mark Gale, Stuart E. Gale, GALE LAW FIRM, Bloomington MN.

For CitiMortgage, Inc., Creditor: Jessica Blanner, Kevin Terrence Dobie, Paul Alan Weingarden, USSET & WEINGARDEN, Minneapolis, MN.

Before FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.

OPINION

SCHERMER, Bankruptcy Judge

CitiMortgage, Inc. (" the Creditor" ) appeals from a denial by the bankruptcy

Page 105

court of its motion for relief from the automatic stay in the Chapter 13 bankruptcy case of Eric James Borm and Valorie Dawn Pearson (the " Debtors" ). We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. § 158(b). We reverse.

ISSUE

The issue in this case is whether the bankruptcy court abused its discretion when it denied the Creditor's motion for relief from the stay.

BACKGROUND

On May 6, 2009, the Debtors filed a petition for relief under Chapter 13 of Title 11 of the United States Code (the " Bankruptcy Code" ). A few months later, the Debtors filed their modified Chapter 13 plan, which was confirmed in September, 2009. The Debtors are the owners of real property that is their homestead. It is undisputed that the Debtors executed a promissory note and a mortgage on the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.