Ct. of Appeals denied debtor’s motion to stay mandate pending resolution of debtor’s petition for writ of certiorari. Ct. concluded that stay was not warranted because: (1) it doubted whether four Supreme Court Justices would vote to grant debtor’s certiorari petition that challenged Ct. of Appeal’s finding that debtor lacked prudential standing to assert that trust that held mortgage note on debtor’s home violated terms of Pooling and Service Agreement; and (2) there was no conflict among circuits with respect to instant decision by Ct. of Appeals. Fact that debtor claimed that she would incur simultaneous legal expenses while litigating in Bankruptcy Ct. and Supreme Ct. issue regarding whether certain assignments of instant mortgage note were void did not require different result.
Federal 7th Circuit Court
Civil Court
Bankruptcy