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Suzannah Meta Schmid v. Bank of America, N.A., and Associated Bank, N.A. (In re Schmid), Adv. No. 12-0160, Case No. 10-12142-13 (01/14/2013) – Judge Catherine J. Furay

Case Summary:
Debtor sought an indefinite stay of her adversary proceeding. Debtor’s counsel argued that she had discovered new evidence of defects in the transfer of her client’s mortgage and note that amounted to fraud. She asserted that a stay was required to allow her to investigate the evidence, and to reconsider her posture in the adversary proceeding and the underlying bankruptcy case. After reviewing the lengthy procedural history, and evaluating counsel’s description of the evidence, the Court concluded that the motion to stay failed to show adequate cause under Fed. R. Bankr. P. 9006(b)(1) to grant a stay.

Statute/Rule References:
Fed. R. Bankr. P. 9006 -- Time

Key Terms:
Time


File: 
Date: 
Monday, January 14, 2013