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· 6/26/2013

Arkison v. Griffin (In Re Griffin)

Citations

  • 719 F.3d 1126
  • 2013 WL 3199063
  • 2013 U.S. App. LEXIS 13097
  • 58 Bankr. Ct. Dec. (CRR) 24

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a creditor providing a copy of the note and a declaration establishing its possession of the original note is sufficient to confer standing to seek relief from an automatic stay
  • setting forth standard of review and explaining that “a party seeking stay relief need only establish that it has a colorable claim to the property at issue”
  • setting forth standard of review and explaining that “a party seeking stay relief need only establish that it has a colorable claim to the property at issue”
  • “A proceeding to determine eligibility for relief from a stay only determines whether a creditor should be released from the stay in order to argue the merits in a separate proceeding.”
  • “[Bjecause 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.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcón, McKeown, Ikuta

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.