IN RE KLINE

BAP No. NM-11-088. Bankruptcy No. 05-12174. Adversary No. 09-01035.

472 B.R. 98 (2012)

In re Karen Marie KLINE, also known as K.M. Kline, Debtor. Karen Marie Kline, Appellant, v. Deutsche Bank National Trust Company and Richard Leverick, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

June 1, 2012.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Karen Marie Kline , pro se.

Richard Leverick of Leverick and Musselman LLC, Albuquerque, NM, pro se and for Appellee Deutsche Bank National Trust Company.

Before BROWN, RASURE, and ROMERO, Bankruptcy Judges.


BROWN, Bankruptcy Judge.

The issue before this Court is whether the bankruptcy court properly granted summary judgment against Debtor-Appellant on her claim that Defendants-Appellees willfully violated the automatic stay. The bankruptcy court concluded that Defendants committed a technical, but not willful, violation of the stay when they, without notice of Debtor's bankruptcy case, served an amended state court foreclosure complaint on Debtor eight days after her...

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