Appeal from the United States Bankruptcy Court for the District of Arizona Honorable Randolph J. Haines, Bankruptcy Judge, Presiding Bk. No. 09-15521
SUSAN M SPRAUL, CLERK U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT
Submitted Without Oral Argument
Before: JURY, PAPPAS, and DUNN, Bankruptcy Judges.
Chapter 7*fn2 debtor, Christine E. Springer, appeals the bankruptcy court's order denying her motion to reopen her case. We AFFIRM.
Debtor's motion to reopen her bankruptcy case related to 3 the alleged wrongful foreclosure of her condominium located in 4 Phoenix, Arizona, which occurred after she received her 5 chapter 7 discharge and her case closed. The facts leading up 6 to this appeal are as follows.
7 In 2007, debtor borrowed $192,845 from Countrywide Bank FSB 8 ("Countrywide") to purchase her property. Two notes and deeds 9 of trust evidenced and secured the loan. Debtor fell into 10 default and her property was scheduled for sale at a non-judicial 11 trustee's sale on July 9, 2009.
12 Three days before the sale, on July 6, 2009, debtor filed 13 her chapter 7 petition. Upon the filing of her petition, and on 14 the advice of her attorney, debtor moved out of the property.
15 Debtor listed the property in Schedule D and listed Bank of 16 America Corporation Home Loans Servicing ("BAC") as holding a 17 claim against the property in an amount over $154,000. In her 18 Statement of Intention, debtor indicated that she surrendered 19 her real property and did not claim it as exempt. At no time 20 during debtor's case did BAC or any other entity seek relief 21 from stay to sell her property. The bankruptcy court granted 22 debtor a discharge on February 11, 2010 and on February 22, 23 2010, her case was closed.
After her discharge, in April 2010, BAC sent debtor a 25 letter indicating that her mortgage loan was assigned, sold or 26 transferred to Countrywide Home Loans, Inc. The letter 27 reflected that BAC was debtor's loan servicer. 28 On August 4, 2010, debtor filed a complaint about BAC with 1 the Arizona Attorney General's Office. Debtor's complaint was 2 that she contacted BAC to ask it to foreclose on her property, 3 which was still in her name. Although debtor was not living in 4 the property, her homeowners' association fees and other 5 expenses associated with the property continued to accrue. 6 Debtor complained that she got the "runaround" from different 7 departments within BAC.*fn3
8 BAC responded to her complaint, stating that the 9 foreclosure sale on debtor's property was scheduled for 10 August 23, 2010. The letter further stated that debtor had 11 declined a loan modification offer on May 19, 2009. Rather than 12 a loan modification, debtor wanted to have the debt completely 13 forgiven, which BAC said was not an option. BAC also stated 14 ...