You are here

In re Borgens (Case No. 04-00492) 06/09/2009

The Court, on the creditor's first notice of default and notice of termination of automatic stay, found that the debtor was in default of her regular payment obligations under the loan.  Therefore, under the terms of the consent order, the creditor was entitled to relief.  However, the debtor sought an equitable modification of the consent order requesting time to either refinance or sell the property.  The creditor did not specifically object to an equitable modification.  Relying on Federal Rule of Civil Procedure 60(b)(6), incorporated into Bankruptcy Rule 9024, and 11 U.S.C. § 105(a), as the debtor lost her job (an unanticipated substantial change in circumstances) and because of the large amount of equity existing in the property, the court found that it would be an abuse of process to allow the creditor to immediately foreclose on the property.  Therefore, the court granted deferred relief to the creditor -- relief not effective until expiration of three months and only then if the creditor was not paid in full by that date.

Date: 
Tuesday, June 9, 2009
Category: 
Chapter 13 Issues
Foreclosure
Relief from Stay
Chapter: 
13