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MACKALL v. JPMORGAN CHASE BANK, N.A.

Court of Appeals No. 13CA1427.

356 P.3d 946 (2014)

2014 COA 120

Deborah MACKALL and Herbert Hutchins, Plaintiffs-Appellants, v. JPMORGAN CHASE BANK, N.A.; Chase Home Finance LLC; and Mortgage Electronic Registration Systems, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied October 9, 2014.

Attorney(s) appearing for the Case

Deborah Mackall and Herbert Hutchins, Pro Se

Bryan Cave LLP, Stephen D. Rynerson , Sean M. Ward , Denver, Colorado, for Defendant-Appellees

Opinion by JUDGE ASHBY

¶ 1 Plaintiffs, Deborah Mackall and Herbert Hutchins, appeal the district court's judgment dismissing their complaint pursuant to C.R.C.P. 12(b)(5). As an issue of first impression in Colorado, we first address whether a debtor who fails to disclose a state court claim to the bankruptcy court lacks standing to assert that claim after the bankruptcy case is dismissed. Because we conclude that a debtor has standing in this situation...

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