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Case activity for Darlyne Lucchesi vs Bank of America, N.A. on Nov. 7

SOUTHERN CALIFORNIA RECORD

Saturday, November 23, 2024

Case activity for Darlyne Lucchesi vs Bank of America, N.A. on Nov. 7

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The California 4th District Court of Appeal reported the following activities in the suit brought by Darlyne Lucchesi against Bank of America, N.A., Countrywide Home Loans, Inc., Nationstar Mortgage LLC., Specialized Loan Servicing LLC. and U.S. Bank National Association on Nov. 7.

'Filed Document Entitled: Appellant's Notice Of Stay Proceedings.'

'Submission Vacated By Order. The Court:*on October 24, 2022, This Court Held Oral Argument In The Above-captioned Matter And Submitted The Case For Decision.on The Court's Own Motion And For Good Cause, Submission Of This Case Is Vacated. The Clerk Of This Court Is Directed To File Appellant's Notice Of Stay Of Proceedings Received By This Court On November 3, 2022. Appellant Filed A Bankruptcy Petition On November 2, 2022, In The United States Bankruptcy Court, Central District Of California, Case Number 8:22-bk-11872-mh. Appellant Implicitly Represents That This Appeal Is Stayed Pursuant To Bankruptcy Law. This Matter Will Be Resubmitted For Decision Once This Court Determines That It May Proceed. (cal. Rules Of Court, Rule 8.256(e)(1).)the Filing Of A Bankruptcy Petition Automatically Stays Certain Court Proceedings Against The Debtor. (see 11 U.s.c. § 362(a)(1) [automatic Stay Of "the Commencement Or Continuation . . . Of A Judicial . . . Action Or Proceeding Against The Debtor That Was Or Could Have Been Commenced Before The Commencement Of The Case Under This Title"].) But It Appears To This Court That The Automatic Stay Does Not Apply To This Appeal Because This Is An Appeal Of A Judgment Of Dismissal Of Appellant's Complaint For Relief Against The Respondents. "the Automatic Stay Provision Was Not Intended To Prevent Debtors From Prosecuting Actions Against Others." (shah V. Glendale Federal Bank (1996) 44 Cal.app.4th 1371, 1376.) This Is An Appeal Initiated By Appellant In An Attempt To Revive Her Claims For Relief As A Plaintiff Against Respondents. This Appeal Does Not Appear To Consist Of An Action "against The Debtor." (11 U.s.c. § 362(a)(1); See In Re Merrick (9th Cir. B.a.p. 1994) 175 B.r. 333, 336; In Re Mitchell (bankr. C.d. Cal. 1997) 206 B.r. 204, 212.)the Parties May Respond To This Order Within 15 Days. The Clerk Of This Court Is Directed To Serve A Copy Of This Order On The Bankruptcy Trustee Appointed For Appellant: Amrane (sa) Cohen (tr), 770 The City Drive South Suite 3700, Orange, Ca, 92868, 714-621-0200. The Bankruptcy Trustee May Also Respond To This Order Within 15 Days. Any Response To This Order Should Address Whether Bankruptcy Law Precludes This Court From Resubmitting The Case For Decision And Issuing An Opinion. Moore, Acting P. J.* Before Moore, Acting P. J., Sanchez, J., And Motoike, J.order Mailed To Appellant'

Case number G059769 was filed in the California 4th District Court of Appeal on Dec. 24, 2020.

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