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IN RE BLACK

Bankruptcy No. 13-15357-B-7. Adversary. No. 14-1038.

514 B.R. 605 (2014)

In re Carl Danny BLACK, II, and Delaina Erica Black, Debtors. Carl Danny Black, II, Delaina Erica Black, and Teresa Jean Moore, Plaintiffs, v. Hsbc Bank, Usa, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-7; Randall D. Naiman; Donny Youngblood; and Dan Shanyfelt, Defendants.

United States Bankruptcy Court, E.D. California, Fresno Division.

Signed July 25, 2014.

Attorney(s) appearing for the Case

Nathan F. Smith, Esq. , of Malcolm & Cisneros, Irvine, CA, appeared on behalf of the defendant Randall D. Naiman.

Adam N. Barash, Esq. , of Severson & Werson appeared on behalf of the defendant HSBC Bank, USA, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2007-7.

Jerri S. Bradley, Esq. , of the Office of the County Counsel, County of Kern, appeared on behalf of the defendant Donny Youngblood, Sheriff of the County of Kern.

Ravpreet Bhangoo, Esq. , of Dake, Braun & Monje, LLP, Bakersfield, CA, appeared on behalf of the defendant Dan Shanyfelt.

No appearance by the Plaintiffs.1

MEMORANDUM DECISION REGARDING MOTIONS TO DISMISS COMPLAINT

W. RICHARD LEE, Bankruptcy Judge.

In this adversary proceeding, the court is called to consider the application of an "in rem" order for relief from the automatic stay entered under 11 U.S.C. § 362(d)(4)2 by another bankruptcy court prior to commencement of this bankruptcy case. The debtors Carl Danny Black and Delaina Erica Black (the "Blacks") and a nondebtor Teresa...

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