Via: MSFRAUD.com

NOT FOR PUBLICATION Clerk
UNITED STATES BANKRUPTCY APPELLATE PANEL
OF THE TENTH CIRCUIT

IN RE DIANNA KAY STEINBERG,
Debtor.

BAP No. WY-12-082

Bankr. No. 12-20554
Chapter 7

DIANNA KAY STEINBERG,
Appellant,

v.

BANK OF AMERICA, N.A., Successor
by Merger to BAC Home Loans
Servicing, LP,
Appellee.

EXCERPT:

The bankruptcy court failed to conduct an evidentiary hearing on whether Bank of America was in possession of the note secured by Debtor’s residence. When a creditor’s standing to seek relief from stay is challenged, the bankruptcy court must require a demonstration that the movant has the right under applicable state law to enforce the Note.

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