Williams v. Levi (In Re Williams)

323 B.R. 691, 2005 Bankr. LEXIS 612, 2005 WL 857439
CourtUnited States Bankruptcy Appellate Panel for the Ninth Circuit
DecidedMarch 25, 2005
DocketBAP No. CC-04-1033-BKPA, Bankruptcy No. LA 03-35597-SB
StatusPublished
Cited by34 cases

This text of 323 B.R. 691 (Williams v. Levi (In Re Williams)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Appellate Panel for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Levi (In Re Williams), 323 B.R. 691, 2005 Bankr. LEXIS 612, 2005 WL 857439 (bap9 2005).

Opinions

OPINION

BRANDT, Bankruptcy Judge.

This automatic stay appeal involves the interplay between the second and third of three chapter 132 bankruptcy cases filed by the appellant debtor within the space of thirteen months.

When the second case was filed, the appellant debtor had a possessory interest, and an equitable ownership interest pursuant to an unrecorded deed, in a condominium unit titled in the name of a third person. Two days after the second case was filed, the appellee homeowners association, with knowledge of that bankruptcy case and of appellant’s claims regarding the property, foreclosed its lien on the condominium without first obtaining relief from the automatic stay.

In the third case — which followed dismissal of the second case and was assigned to the same judge — the debtor sought to recover the premises and stay-violation damages on account of the putative stay violation that occurred in the second case. The bankruptcy court, without reopening the second case, entered an order in the third case retroactively annulling the stay in the second case. The court did not address the questions of whether the stay had been violated or appellant should recover stay-violation damages.

We AFFIRM the order annulling the stay but REMAND, without suggesting any view as to the merits, so that the bankruptcy court may decide whether stay-violation damages may be appropriate notwithstanding the annulment of the stay. In addition, we DISMISS AS MOOT the debtor’s appeal from the bankruptcy court’s denial of his motion to stay the related state-court eviction action.

I. FACTS

Debtor, G. Gregory Williams, who describes himself as a “retired attorney,” lived with his fiancee, P. Toi Polpantu, at 7250 Franklin Avenue, Unit 207, Los An-geles, California, a condominium unit. Williams purchased the condo in 1995. By deed recorded 21 April 1999, Williams transferred title to Polpantu. By another deed, also dated 21 April 1999, but not recorded until 4 April 2003, Polpantu quit-claimed title back to Williams.

When approximately $11,000 in dues went unpaid, appellee Franklin Towers Homeowners Association, Inc.,3 gave notice of its intent to conduct a non-judicial foreclosure sale of the condo on 3 April 2003.

On 1 April 2003 Williams filed a chapter 13 bankruptcy petition, his second in recent times.4 It was a so-called “face [695]*695sheet” or “skeleton” filing of a petition without accompanying schedules, statement of financial affairs, or a proposed plan. Nothing filed on 1 April 2003 indicated that Williams claimed an interest in the condo.

The scheduled non-judicial sale was conducted on 3 April 2003, and appellee Eli Levi5 was the successful purchaser in competitive bidding with his bid of $215,000. Although Levi was not a creditor, he does not contest that Williams had given him notice of the filing of the chapter 13 petition before the sale occurred.

Williams recorded the four year old Pol-pantu to Williams quitclaim deed on 4 April 2003, after having filed his petition, and after the foreclosure sale.

On 8 April 2003, Levi filed and served on Polpantu a statutory notice to quit. Although Williams did not avail himself of his right under California law to file a notice of right to claim possession of the premises, Levi does not dispute that he knew Williams was living there. A foreclosure trustee’s deed in favor of Levi was recorded on 11 April 2003. On 22 April Levi filed an unlawful detainer action against Polpantu in state court. Levi v. Polpantu, Los Angeles County Superior Court, Case 03U408.

A series of legal maneuvers in the state and bankruptcy courts followed. There was a state court unlawful detainer action that Williams attempted to remove to federal court, but which resulted in judgment for Levi after the state court reasoned that the attempt to remove was unsuccessful. An eviction was scheduled. The state court apparently rejected an attempt by Williams to enjoin the eviction. Levi apparently took possession of the premises for about a week until the bankruptcy court issued an order that enabled Williams to return to the premises.

In August 2003, Williams’ second bankruptcy case was dismissed for his failure to comply with chapter 13 requirements, thus terminating the automatic stay. After this dismissal, Levi filed an action in state court (Los Angeles County Superior Court No. BA-311463), seeking to cancel Williams’ deed, quiet title, and obtain damages.

On 1 October 2003, Williams filed his third bankruptcy case, again under chapter 13, No. LA03-35597SB, which was assigned to the same judge who presided over his second bankruptcy case. Two days later, Williams asked the bankruptcy court to stay the eviction.

On 24 October Levi moved for relief from stay in the third bankruptcy case “to obtain possession of the residential or nonresidential premises at 7250 Franklin Avenue, No. 207, Los Angeles ....” Levi argued that the automatic stay did not affect him because the premises did not belong to Williams and were not property of the estate in either the second or third bankruptcy cases. He also argued that, even if the automatic stay was in effect, it should be annulled to permit Levi to continue his unlawful detainer action in state court.

Williams opposed the motion, arguing that Levi violated the automatic stay by purchasing the premises at the foreclosure sale after receiving notice of his second bankruptcy filing and by commencing the eviction action. Williams sought monetary stay-violation damages but did not ask the bankruptcy court to rule that either the [696]*696sale or the unlawful detainer action were void.

After a number of continuances, the bankruptcy court heard both motions on 23 December. Although concluding the hearing by indicating he intended to reassign the matter to another judge, on 31 December 2003 the judge issued a written order annulling the stay and denying Williams’ motion to stop the eviction, stating in part:

Notwithstanding that the foreclosure sale may be void under Ninth Circuit law, the debtor has taken no action, either in this case or in the prior case, to set aside the sale. Levi now moves for relief from stay to proceed with eviction of the debtor from the condominium.
Because the debtor has not taken any such action, notwithstanding that the foreclosure occurred almost eight months ago, the court finds that the debtor has unduly delayed and that relief from stay should be granted and the purchaser should not be further inhibited from obtaining possession of the property.
ACCORDINGLY, IT IS ORDERED that the relief from stay motion is granted retroactively to April 1, 2003 and the motion to stay eviction is denied.6

Williams timely appealed, and moved for a stay pending appeal, which we denied.

Williams’ third bankruptcy case was dismissed on 11 February 2004. Williams responded (twice) to our clerk’s order suggesting that the dismissal of the bankruptcy case might have mooted the appeal. Levi replied with a motion to dismiss the appeal. Our order re mootness, entered 13 July 2004, limited review in this appeal to the order annulling the stay,7

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Cite This Page — Counsel Stack

Bluebook (online)
323 B.R. 691, 2005 Bankr. LEXIS 612, 2005 WL 857439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-levi-in-re-williams-bap9-2005.