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.

Hollowell v. JPMorgan Chase National Association

United States District Court, N.D. Indiana, South Bend Division

December 22, 2016

TERRANCE DUANE HOLLOWELL, Appellent
v.
JPMORGAN CHASE NATIONAL ASSOCIATION, et al., Appellees

          OPINION AND ORDER

          Robert L. Miller, Jr. Judge

         Terrance Hollowell appeals from the bankruptcy court's July 13, 2016 order granting JP Morgan Chase's motion for relief from stay and to abandon real estate. The only issue before the court is whether the bankruptcy court abused its discretion when it granted the motion. For the following reasons, this court AFFRIMS the bankruptcy court's decision, and DENIES the motions to stay pending appeal.

         I. Background

         Chase filed a foreclosure action against Mr. Hollowell in April 2012, after he defaulted on his mortgage, and a default judgment was entered against him. Chase's efforts to execute on that judgment were stayed when Mr. Hollowell filed a Chapter 13 petition in bankruptcy in 2015, so Chase filed a motion for relief from the automatic stay and to abandon the real estate. Based on the evidence presented at a hearing, the bankruptcy court granted the motion, finding that:

• Mr. Hollowell hadn't made a mortgage payment for at least the past four years;
• the amount owed exceeded the value of the property;
• Mr. Hollowell had no equity in the real estate;
• the property wasn't necessary to an effective reorganization;
• cause existed to lift the stay; and
• 11 U.S.C. § 362(d)(2) required the court to grant Chase relief from the automatic stay.

         Mr. Hollowell appeals from that order, contending that JP Morgan Chase perpetrated a fraud on the court by submitting a false document - a copy of the promissory note - as proof of its claim, and that the bankruptcy judge wasn't impartial and should have recused himself. He also filed motions to stay the Sheriff's sale pending appeal.

         II. Discussion

         This court has jurisdiction to hear appeals from final judgments, orders, and decrees by the bankruptcy court under 28 U.S.C. § 158(a)(1). An order granting relief from an automatic stay is final and appealable. In re Boomgarden, 780 F.2d 657, 659-60 (7th Cir. 1985).

         This isn't the first time Mr. Hollowell has made unsubstantiated allegations of fraud against Chase. He raised the same argument in 2013 in Hollowell et al. v. JP Morgan Chase Bank, et al, Cause No. 3:13-CV-490 JVB. That case was dismissed, as were the appeals from Judge VanBokkelen's order. See [Doc. Nos. 30, 38 and 52]. Mr. Hollowell reasserted his allegations of fraud in September 2015, when he filed an adversary proceeding in the bankruptcy court. The claim was dismissed, as was his appeal to the district court, see Hollowell v. ChaseHome Finance, Cause No. 3:16-CV-134 PPS [Doc. No. 6], and the court of appeals affirmed 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.