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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BILL FUCHS,
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Plaintiff,

No. C 14-0284 PJH

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v.
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ORDER DENYING MOTION TO
RELEASE STAY

GMAC MORTGAGE LLC, et al.,
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Defendants.
_______________________________/

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For the Northern District of California

United States District Court

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On April 17, 2014, this court entered an order staying the above-captioned case
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based on defendants having filed petitions in bankruptcy, which triggers an automatic stay.
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On April 22, 2014, plaintiff filed a “motion for release of stay,” arguing, among other things,
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that “[t]his case is solely based upon GMAC’s intentional and deliberate violation of
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plaintiff’s constitutional rights under the First and Fourteenth Amendments of the United
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States Constitution which is not considered under a stay of bankruptcy,” and further arguing
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that “GMAC’s intentional acts of banking fraud and violations of RESPA and TILA laws” are
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not “considered by the stay of bankruptcy notice.” Defendants filed an opposition on April
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25, 2014, arguing that any motion to lift the bankruptcy stay must be brought before the
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bankruptcy court, not this court. See In re Gruntz, 202 F.3d 1074, 1082 (9th Cir. 2000).
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The court agrees with defendants, and DENIES plaintiff’s motion. As the Gruntz
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court held, “bankruptcy courts have the ultimate authority to determine the scope of the
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automatic stay imposed by 11 U.S.C. § 362(a), subject to federal appellate review.”
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IT IS SO ORDERED.
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Dated: May 5, 2014
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______________________________
PHYLLIS J. HAMILTON
United States District Judge