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In re Eliran

United States Bankruptcy Court, N.D. California
May 9, 2001
No. 01-10298 (Bankr. N.D. Cal. May. 9, 2001)

Opinion

No. 01-10298

May 9, 2001


ORDER REJECTING OPPOSITION OF NON-DEBTOR TO MOTION FOR RELIEF FROM STAY


Dov Schriber describes himself as having an "interest" in the debtor's real property. This does not give him any standing to assert the protections of the automatic stay. In re Globe Inv. And Loan Co., Inc., 867 F.2d 556, 560 (9th Cir. 1989). He also mistakenly thinks that because he filed a "Request for Special Notice" he was entitled to receive notice of the motion for relief from the stay. FRBP 2002(g) does not create a right to notice, but merely allows a party to direct the address to which notices to which it is entitled should be sent. To create a right to notice where none already exists under the Federal Rules of Bankruptcy Procedure, there must be an order of the court made pursuant to FRBP 2002(m). The court has made no such order and, in light of Globe, will not.

For the foregoing reasons, the court rejects the opposition of Dov Schriber as without merit.


Summaries of

In re Eliran

United States Bankruptcy Court, N.D. California
May 9, 2001
No. 01-10298 (Bankr. N.D. Cal. May. 9, 2001)
Case details for

In re Eliran

Case Details

Full title:In re JOSHUA ELIRAN, Debtor(s)

Court:United States Bankruptcy Court, N.D. California

Date published: May 9, 2001

Citations

No. 01-10298 (Bankr. N.D. Cal. May. 9, 2001)