Mendelson v. Shein

How courts have described this case

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

• holding that the relevant factors include serial filings, eve-of-foreclosure timing, two-party dispute, and filing to obtain the automatic stay
• noting that the debtor did not request an evidentiary hearing when the court asked whether “she had anything to add before the rulings on the motions” and that debtor cannot complain about the lack thereof for the first time on appeal
• finding no error for lack of evidentiary hearing where the party had opportunity to contest conversion motion but never requested separate evidentiary hearing
• finding the bankruptcy court did not abuse its discretion in granting stay relief without an evidentiary hearing where the debtor did not request one and did not “rais[e] any additional points with the Bankruptcy Court when given the opportunity to do so”
• lack of evidentiary hearing not error where party had opportunity to contest conversion motion but never requested separate evidentiary hearing

Source: CourtListener parenthetical corpus (CC0).