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Residential Capital, LLC v. ResCap Borrower Claims Trust

United States District Court, S.D. New York

October 9, 2014

IN RE RESIDENTIAL CAPITAL, LLC, DEBTOR. CARLA JACKSON, Appellant,
v.
- RESCAP BORROWER CLAIMS TRUST, Appellee

Decided: October 8, 2014.

Page 607

Corla Jackson, Appellant, Pro se, Mobile, AL.

For ResCap Borrower Claims Trust, Appellee: Adam A. Lewis, Morrison & Foerster LLP(San Francisco), San Francisco, CA; Daniel Joseph Harris, Stroock & Stroock & Lavan LLP, New York, NY; Norman S. Rosenbaum, Morrison & Foerster LLP, New York, NY.

Page 608

MEMORANDUM OPINION AND ORDER

John G. Koeltl, United States District Judge.

Pro se plaintiff-appellant Corla Jackson appeals from an order of the United States Bankruptcy Court for the Southern District of New York (Glenn, J.) disallowing and expunging her proof of claim. Jackson appears to allege that GMAC Mortgage, LLC (" GMACM" ) acquired her mortgage note through false documentation, forged signatures, and " identity theft." The bankruptcy court held that Jackson's claims were barred by judicial estoppel and lacked merit. For the following reasons, the appeal is dismissed for lack of jurisdiction.

I.

In May 2004, Jackson received a home mortgage loan from Option One Mortgage Corporation (" Option One" ), and executed a note for $240,000. The loan was secured by Jackson's home, and GMACM serviced the loan. The note authorized Option One to assign its interest in the loan without providing Jackson with prior notice. Delehey Decl. Ex. A ¶ 19. In June 2008, Option One assigned the note to GMACM. Delehey Decl. Ex. B.

In June 2005, Jackson filed the first of three Chapter 13 bankruptcy petitions in the Bankruptcy Court for the Southern District of Alabama. See In re Jackson, No. 05-13142 (Bankr. S.D. Ala. June 1, 2005). GMACM--then the mortgage loan servicer--filed two proofs of claim. The first claim was for the remaining principal and interest due on the note, and the second claim was for supplemental arrearages. In October 2005, the bankruptcy court confirmed Jackson's Chapter 13 plan. The plan required Jackson to make timely post-petition payments on the mortgage note and on any supplemental arrearages. In re Jackson, No. 05-13142 (Bankr. S.D. Ala. June 6, 2005).

Having failed to receive any payments from Jackson, GMACM moved to lift the automatic stay. The bankruptcy court conditionally denied the motion, subject to the following conditions: (1) Jackson had to pay the supplemental arrearages; (2) GMACM could file a proof of claim for the supplemental arrearages; (3) Jackson was required to make timely post-petition payments to GMACM in accordance with her Chapter 13 plan; and (4) if Jackson failed to cure a default, the automatic stay would terminate automatically, and GMACM and Option One could then enforce their rights under the mortgage note. In re Jackson, No. 05-13142 (Bankr. S.D. Ala. Mar. 1, 2006). The order allowed Jackson to " cure any said default on two (2) separate occasions only. Upon the third default, . . . the automatic stay [would] automatically terminate." Id.

Jackson failed to make timely mortgage payments, GMACM notified her of the default, and Jackson failed to cure. Delehey Decl. Ex. D. As a result, the automatic stay terminated, GMACM and Option One were entitled to foreclose, and the bankruptcy court thus reduced and allowed GMACM's claims to the amount paid. See In re Jackson, No. 05-13142 (Bankr. S.D. Ala. Sept. 20, 2009). The bankruptcy court issued a discharge order in January

Page 609

2010. As Judge Glenn explained, " By operation of (1) the Chapter 13 Plan, (2) the Confirmation Order, (3) Bankruptcy Code sections 1322(b)(2), (b)(5) and 1328(a), and (4) the relief granted in the First GMACM Stay Relief Order, Ms. Jackson was not discharged of her obligations under the Loan, including payment of Arrearages, Supplemental Arrearages, and postpetition monthly payments." Bankr. Op. at 6.

In October 2010, Jackson filed a second Chapter 13 petition for relief. In Jackson, No. 10-04820 (Bankr. S.D. Ala. Oct. 15, 2010). In December 2010, the bankruptcy court dismissed the petition for " failure to pay Chapter 13 plan payments." In re ...


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