Gerald James Ware v. Deutsche Bank
562 F. App'x 850
| 11th Cir. | 2014Background
- Ware, a pro se Chapter 7 debtor, appeals the district court’s dismissal of his appeal of the bankruptcy court’s relief from the automatic stay for Deutsche Bank.
- The bankruptcy court granted relief from stay so Deutsche Bank could pursue ejectment and eviction after a pre-petition foreclosure sale of the Property.
- Ware and Monica Ware litigated the Alabama foreclosure; Monica later challenged a notice-deed discrepancy in Alabama Supreme Court proceedings but the issue was not addressed on appeal.
- Deutsche Bank sought relief from the stay, and the bankruptcy court granted it, with Deutsche Bank asking to be relieved from the 14-day waiting period.
- Ware timely moved to alter or amend and sought a TRO; the bankruptcy court denied these motions and Ware was evicted in October 2012.
- The district court dismissed the bankruptcy appeal as moot under Lashley precedent and also considered Rooker-Feldman but did not reach it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bankruptcy appeal is moot due to post-stay-relief foreclosure | Ware contends mootness should not bar review. | Deutsche Bank argues the appeal is moot after the sale and eviction. | Mootness affirmed; appeal dismissed. |
| Whether the 14-day waiting period applies to relief from stay | Ware asserts improper acceleration of ejectment under Rule 4001(a)(3). | DB requested relief from the waiting period; court granted it without qualification. | No error; waiting period waived by court order. |
| Whether Rooker-Feldman barred review | Ware argues state-court judgments should be reviewable. | DB and district court rely on Rooker-Feldman to bar review. | Foreclosed by prior-panel-precedent; not reached on merits. |
Key Cases Cited
- In re Lashley, 825 F.2d 362 (11th Cir. 1987) (appeal moot when creditor forecloses after stay relief)
- Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 (S. Ct. 2005) (Rooker-Feldman doctrine framework)
- Smith v. GTE Corp., 236 F.3d 1292 (11th Cir. 2001) (first-panel law binding unless en banc or Supreme Court overrules)
- In re Mitchell, 633 F.3d 1319 (11th Cir. 2011) (standard of review for bankruptcy court factual findings)
- In re JLJ, Inc., 988 F.2d 1112 (11th Cir. 1993) (guides review of bankruptcy court legal conclusions)
- Albra v. Advan, Inc., 490 F.3d 826 (11th Cir. 2007) (liberal construction of pro se pleadings; procedural conformity required)
- Barlays-Am./Bus. Credit Inc. v. Radio WBHP, Inc. (In re Dixie Broad., Inc.), 871 F.2d 1023 (11th Cir. 1989) (automatic stay relief standard and bifurcated relief criteria)