Clinton v. Deutsche Bank National Trust Co. (In Re Clinton), 449 B.R. 79

Ameriquest Mortgage funded $280,000 to Clinton in 2005 secured by a deed of trust on her Gig Harbor home; no payments since August 2008.
Clinton filed a voluntary Chapter 11 in October 2009, later converted to Chapter 7 by court order dated November 18, 2009.
Deutsche Bank, as trustee, moved for relief from stay on April 7, 2010, supported by a Ginkel affidavit and note/deed of trust documents including an allonge.
Clinton argued in May–June 2010 that Deutsche lacked standing and there was no equity; she claimed the allonge was not part of the original note and Deutsche was not real party in interest.
The bankruptcy court held a stay-relief hearing on June 9, 2010; Clinton did not appear; the court granted relief from stay on June 16, 2010.
Clinton moved for reconsideration; the court denied it on July 13, 2010; she appeals to the BAP.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standings and evidentiary support for stay relief	Clinton argues Deutsche lacked standing and evidence; there is no equity in the property.	Deutsche provided note, allonge, and deed of trust showing a real interest; equity is not necessary for relief.	Affirmed; record deficient, cannot review standing/evidence; no transcript means no proper review.
Adequacy of the appellate record when no transcript is provided	Debtor contends cancellations/arguments were not adequately memorialized in the record.	Standard of review requires a transcript to assess oral ruling and findings.	Affirmed; without transcript, the panel cannot review the stay-relief ruling meaningfully.
Rule 9023 reconsideration standard after denial of stay relief	Debtor claimed new arguments or errors warrant reconsideration due to standing issues.	No newly discovered evidence or clear error shown; arguments insufficient for reconsideration.	Affirmed; reversal on reconsideration not warranted.

Morrissey v. Stuteville (In re Morrissey), 349 F.3d 1187 (9th Cir. 2003) (absence of transcript supports summary affirmance in absence of record)
Kyle v. Dye (In re Kyle), 317 B.R. 390 (9th Cir. BAP 2004) (transcript requirements for appellate review)
Ta Chong Bank Ltd. v. Hitachi High Techs. Am., Inc., 610 F.3d 1063 (9th Cir. 2010) (abuse-of-discretion review standard for denial/alteration of judgments)
United States v. Hinkson, 585 F.3d 1247 (9th Cir. 2009) (de novo legal standard with abuse-of-discretion for factual application)
McCarthy v. Prince (In re McCarthy), 230 B.R. 414 (9th Cir. BAP 1999) (mandatory transcript and findings on appeal (Rule 8006))
In re E.R. Fegert, Inc., 887 F.2d 955 (9th Cir. 1989) (judicial notice of underlying bankruptcy records; hearing dates)
Zurich Am. Ins. Co. v. Int'l Fibercom, Inc., 503 F.3d 933 (9th Cir. 2007) (evidentiary hearing discretionary; abuse of discretion standard)
O'Rourke v. Seaboard Surety Co. (In re E.R. Fegert, Inc.), 887 F.2d 955 (9th Cir. 1989) (judicial notice of underlying bankruptcy records)