In re Sanders

Full title: In re: ANGELA ELEANOR SANDERS, Chapter 13, Debtor. R.S. No. JBA-467.

Court: United States Bankruptcy Court, Ninth Circuit

Date published: Jun 28, 2010

07-43548 EDJ (B.A.P. 9th Cir. Jun. 28, 2010)

Opinion

In re: ANGELA ELEANOR SANDERS, Chapter 13, Debtor. No. 07-43548 EDJ R.S. No. JBA-467. United States Bankruptcy Court, N.D. California. June 28, 2010.

          MEMORANDUM

          EDWARD D. JELLEN, Bankruptcy Judge

         Angela E. Sanders, the above debtor ("Sanders"), has requested this court to reconsider its ruling, made following a final hearing held June 15, 2010, granting the motion of Wells Fargo Bank, N.A. ("Movant") to vacate the automatic stay under Bankruptcy Code § 362(a).

         Sanders failed to appear at the final hearing. Her motion for reconsideration does not explain why.

         The evidence Movant presented at the final hearing showed that: (a) the Movant is the holder of the promissory note at issue, and (b) Sanders has not been making the payments she is required to make as a chapter 13 debtor. Sanders has not presented any proposal to the court for catching up on the deliquent payments. It follows that Movant is entitled to the relief requested for cause. See Bankruptcy Code § 362(d)(1), In re Ellis , 60 B.R. 432 (9th Cir. BAP 1985).

         Accordingly, the court will issue its order denying Sanders's motion for reconsideration.