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SOUTHERN CALIFORNIA RECORD

Thursday, May 9, 2024

Case activity for Darlyne Lucchesi vs Bank of America, N.A. on Nov. 30

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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. 30.

'Order Filed. The Court:*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 Represents That This Appeal Is Stayed Pursuant To Bankruptcy Law. On November 7, 2022, This Court Vacated Submission Of The Case And Invited The Parties To File Briefing Addressed To Whether Appellant's Bankruptcy Filing Imposed A Stay On This Appeal. The Parties Filed Briefs In Response To The Court's Order.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 The Automatic Stay Does Not Apply To This Appeal Because This Is An Appeal Of A Judgment Of Dismissal Of Appellant's Complaint 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 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.)accordingly, The Above-Entitled Cause Is Ordered Resubmitted For Decision As Of This Date. (cal. Rules Of Court, Rule (e)(1).) Moore, Acting P. J.* Before Moore, Acting P. J., Sanchez, J., And Motoike, J'

'Submission Order Filed. The Court:*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 Represents That This Appeal Is Stayed Pursuant To Bankruptcy Law. On November 7, 2022, This Court Vacated Submission Of The Case And Invited The Parties To File Briefing Addressed To Whether Appellant's Bankruptcy Filing Imposed A Stay On This Appeal. The Parties Filed Briefs In Response To The Court's Order.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 The Automatic Stay Does Not Apply To This Appeal Because This Is An Appeal Of A Judgment Of Dismissal Of Appellant's Complaint 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 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.)accordingly, The Above-entitled Cause Is Ordered Resubmitted For Decision As Of This Date. (cal. Rules Of Court, Rule (e)(1).) Moore, Acting P. J.* Before Moore, Acting P. J., Sanchez, J., And Motoike, Jthe Court:*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 Represents That This Appeal Is Stayed Pursuant To Bankruptcy Law. On November 7, 2022, This Court Vacated Submission Of The Case And Invited The Parties To File Briefing Addressed To Whether Appellant's Bankruptcy Filing Imposed A Stay On This Appeal. The Parties Filed Briefs In Response To The Court's Order.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 The Automatic Stay Does Not Apply To This Appeal Because This Is An Appeal Of A Judgment Of Dismissal Of Appellant's Complaint 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 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.)accordingly, The Above-Entitled Cause Is Ordered Resubmitted For Decision As Of This Date. (cal. Rules Of Court, Rule (e)(1).) Moore, Acting P. J.* Before Moore, Acting P. J., Sanchez, J., And Motoike, J'

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

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