In re Odell

(6th Cir. B.A.P. Jan. 30, 2018)

The Sixth Circuit B.A.P. dismisses the appeal as moot. The debtor claimed an exemption in her real property that was greater than its value. The mortgagee obtained stay relief to foreclose on the debtor’s real property, and the debtor appealed. The court holds that because the exemption amount exceeded the value of the property, the property was no longer property of the estate and thus not subject to the automatic stay. Even if the court were to reverse the bankruptcy court’s stay relief order, the outcome would be the same. Opinion below.

Judge: Preston

Debtor: Pro Se

Attorney for Creditor: Lerner, Sampson & Rothfuss, Joel K. Jensen

2018-01-30 – in re odell

Author: Matt Lindblom

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