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Rozier v. U.S. Bank N.A. (In re Rozier)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 16, 2015
623 F. App'x 517 (9th Cir. 2015)

Opinion

No. 13-60106

12-16-2015

In re: KAREN MICHELE ROZIER, Debtor, KAREN MICHELE ROZIER, Appellant, v. U.S. BANK N.A., Appellee.


NOT FOR PUBLICATION

BAP No. 12-1359 MEMORANDUM Appeal rrom the Ninth Circuit Bankruptcy Appellate Panel
Kirscher, Pappas, and Dunn, Bankruptcy Judges, Presiding Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Karen Michele Rozier appeals pro se from the Bankruptcy Appellate Panel's ("BAP") judgment affirming the bankruptcy court's order granting U.S. Bank N.A.'s motion for relief from stay with respect to certain real property. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court's ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). We affirm.

U.S. Bank had standing to seek relief from the automatic stay with respect to certain real property because U.S. Bank established that it had a colorable claim to the property. See Arkison v. Griffin (In re Griffin), 719 F.3d 1126, 1128 (9th Cir. 2013) (per curiam) ("[B]ecause final adjudication of the parties' rights and liabilities is yet to occur, a party seeking stay relief need only establish that it has a colorable claim to the property at issue."); see also Mayfield v. United States, 599 F.3d 964, 970 (9th Cir. 2010) ("Standing is a question of law that we review de novo.").

We reject Rozier's contentions regarding the alleged bias of the bankruptcy court judge and a member of the BAP.

Rozier's request for judicial notice is denied.

AFFIRMED.


Summaries of

Rozier v. U.S. Bank N.A. (In re Rozier)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 16, 2015
623 F. App'x 517 (9th Cir. 2015)
Case details for

Rozier v. U.S. Bank N.A. (In re Rozier)

Case Details

Full title:In re: KAREN MICHELE ROZIER, Debtor, KAREN MICHELE ROZIER, Appellant, v…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 16, 2015

Citations

623 F. App'x 517 (9th Cir. 2015)

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