No. 18-141

Allana Baroni v. CIT Bank N.A., fka OneWest Bank FSB, fka OneWest Bank NA

Lower Court: Ninth Circuit
Docketed: 2018-07-31
Status: Denied
Type: Paid
Response Waived
Tags: 11-usc-501 bankruptcy bankruptcy-creditor bankruptcy-procedure blank-indorsement burden-of-proof chapter-11 creditor creditor-rights deed-of-trust federal-rules-bankruptcy-procedure federal-rules-of-bankruptcy-procedure promissory-note standing
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (AI Summary)

When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a 'creditor' entitled to make a claim under 11 U.S.C. § 501 (a) and Rule 3003 (c) (1) of the Federal Rules of Bankruptcy Procedure merely by showing it possesses the original promissory note, indorsed in blank?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a “creditor” entitled to make a claim under 11 U.S.C. § 501 (a) and Rule 3003 (c) (1) of the Federal Rules of Bankruptcy Procedure merely by showing it possesses the original promissory note, indorsed in blank?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-15
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Waiver of right of respondent CIT Bank, N.A. to respond filed.
2018-07-17
Petition for a writ of certiorari filed. (Response due August 30, 2018)

Attorneys

Allana Baroni
David Glenn BakerLaw Office of David Glenn Baker, Petitioner
David Glenn BakerLaw Office of David Glenn Baker, Petitioner
CIT Bank, N.A.
Brian H. NewmanDykema Gossett, LLP, Respondent
Brian H. NewmanDykema Gossett, LLP, Respondent