Fuchs v. Mortgage IT, Inc. et al
ORDER by Judge Hamilton denying 10 motion to release stay (pjhlc2, COURT STAFF) (Filed on 5/5/2014)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
No. C 14-0284 PJH
ORDER DENYING MOTION TO
GMAC MORTGAGE LLC, et al.,
For the Northern District of California
United States District Court
On April 17, 2014, this court entered an order staying the above-captioned case
based on defendants having filed petitions in bankruptcy, which triggers an automatic stay.
On April 22, 2014, plaintiff filed a “motion for release of stay,” arguing, among other things,
that “[t]his case is solely based upon GMAC’s intentional and deliberate violation of
plaintiff’s constitutional rights under the First and Fourteenth Amendments of the United
States Constitution which is not considered under a stay of bankruptcy,” and further arguing
that “GMAC’s intentional acts of banking fraud and violations of RESPA and TILA laws” are
not “considered by the stay of bankruptcy notice.” Defendants filed an opposition on April
25, 2014, arguing that any motion to lift the bankruptcy stay must be brought before the
bankruptcy court, not this court. See In re Gruntz, 202 F.3d 1074, 1082 (9th Cir. 2000).
The court agrees with defendants, and DENIES plaintiff’s motion. As the Gruntz
court held, “bankruptcy courts have the ultimate authority to determine the scope of the
automatic stay imposed by 11 U.S.C. § 362(a), subject to federal appellate review.”
IT IS SO ORDERED.
Dated: May 5, 2014
PHYLLIS J. HAMILTON
United States District Judge
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