Fuchs v. Mortgage IT, Inc. et al

Filing 12

ORDER by Judge Hamilton denying 10 motion to release stay (pjhlc2, COURT STAFF) (Filed on 5/5/2014)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 BILL FUCHS, 6 Plaintiff, No. C 14-0284 PJH 7 v. 8 ORDER DENYING MOTION TO RELEASE STAY GMAC MORTGAGE LLC, et al., 9 Defendants. _______________________________/ 11 For the Northern District of California United States District Court 10 On April 17, 2014, this court entered an order staying the above-captioned case 12 based on defendants having filed petitions in bankruptcy, which triggers an automatic stay. 13 On April 22, 2014, plaintiff filed a “motion for release of stay,” arguing, among other things, 14 that “[t]his case is solely based upon GMAC’s intentional and deliberate violation of 15 plaintiff’s constitutional rights under the First and Fourteenth Amendments of the United 16 States Constitution which is not considered under a stay of bankruptcy,” and further arguing 17 that “GMAC’s intentional acts of banking fraud and violations of RESPA and TILA laws” are 18 not “considered by the stay of bankruptcy notice.” Defendants filed an opposition on April 19 25, 2014, arguing that any motion to lift the bankruptcy stay must be brought before the 20 bankruptcy court, not this court. See In re Gruntz, 202 F.3d 1074, 1082 (9th Cir. 2000). 21 The court agrees with defendants, and DENIES plaintiff’s motion. As the Gruntz 22 court held, “bankruptcy courts have the ultimate authority to determine the scope of the 23 automatic stay imposed by 11 U.S.C. § 362(a), subject to federal appellate review.” 24 IT IS SO ORDERED. 25 Dated: May 5, 2014 26 27 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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