Kim v. Kumho Investment Bank et al

Filing 19

Order. In light of this court's finding that the non-debtor spouse has no standing to contest the validity of the mortgage lien on a property that belongs to the bankruptcy estate, the court hereby GRANTS the trustee's motion for reconsideration. The stay imposed in Civil Case No. 16-00033 is hereby lifted, and the case is dismissed for lack of standing. Signed by Chief Judge Frances M. Tydingco-Gatewood on 8/12/2019. (fad, )

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THE DISTRICT COURT OF GUAM

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BANKRUPTCY CASE NO. 13-00099

IN RE:
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KIM, CHONG C.,
ORDER

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Debtor.
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Before the court is Chapter 7 Trustee’s Motion and Memorandum of Points and

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Authorities in Support of Motion for Reconsideration of Order filed on June 28, 2019. See ECF

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No. 181. Therein, the trustee moves the court to reconsider its decision in staying Civil Case No.

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16-00033, and moves the court to dismiss the case instead. Id. at 4. As the trustee clearly put it,

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“Civil Case No. 16-00033 seeks a declaratory judgment to exonerate the non-debtor spouse from

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liability from the Kumho mortgage, a quite title and cancellation of the very mortgage which this

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Court has determined in its June 28, 2019, Order that it is an estate liability which only the

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Trustee has standing to address[.]” Id. at 3-4 (emphasis added). Accordingly, in light of this

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court’s finding that the non-debtor spouse has no standing to contest the validity of the mortgage

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lien on a property that belongs to the bankruptcy estate, see ECF No. 176, the court hereby

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GRANTS the trustee’s motion for reconsideration. The stay imposed in Civil Case No. 161

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00033 is hereby lifted, and the case is dismissed for lack of standing.1 The Clerk of Court shall

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file this order and the order dated June 28, 2019, ECF No. 176, in Civil Case No. 16-00033.

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SO ORDERED.

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The non-debtor spouse, who is the plaintiff in Civil Case No. 16-00033, had notice of the motion for
reconsideration and did not file any objection to said motion.

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