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In re Eldorado Canyon Props., LLC

United States Bankruptcy Appellate Panel For the First Circuit

February 25, 2014

ELDORADO CANYON PROPERTIES, LLC, Debtor. ELDORADO CANYON PROPERTIES, LLC, Appellant

Appeal from the United States Bankruptcy Court for the District of Massachusetts. Bankruptcy Case No. 13-12878-FJB. (Hon. Frank J. Bailey, U.S. Bankruptcy Judge).

Neil Kreuzer, Esq., on brief for Appellant.

Before Kornreich, Tester, and Finkle, United States Bankruptcy Appellate Panel Judges.

OPINION

Page 602

Kornreich, U.S. Bankruptcy Appellate Panel Judge.

The debtor, Eldorado Canyon Properties, LLC (" Eldorado" ), appeals from the bankruptcy court order dismissing its chapter 7 case. For the reasons set forth below, the order of the bankruptcy court is AFFIRMED.

BACKGROUND

On May 14, 2013, Eldorado filed a pro se, skeletal petition for chapter 7 relief. On the same date, the bankruptcy court issued an order instructing Eldorado that its statement of social security number or tax identification number was due on May 17, 2013, its creditor matrix was due on May 21, 2013, and its telephone number, schedules A through H, summary of schedules, statistical summary of certain liabilities, and verified statement or unsworn declaration as required by Rule 1008[1] and 28 U.S.C. § 1746 were due on May 28, 2013. This order also warned Eldorado in bold print that its failure to comply might result in the dismissal of its bankruptcy case.

Thereafter, the bankruptcy court granted the chapter 7 trustee's request for an extension of time for Eldorado to file the missing documents and set June 3, 2013, as the new deadline for all documents to be filed. On June 3, 2013, the trustee filed a creditor matrix on Eldorado's behalf and requested a second extension of time for Eldorado to file the other required documents.

Page 603

By its order dated June 3, 2013, the court further extended the filing deadline for all remaining documents to June 17, 2013.

On June 25, 2013, JPMorgan Chase Bank, N.A. (" Chase" ), successor-in-interest to Washington Mutual Bank and Fannie Mae, filed a motion for relief from the automatic stay seeking to foreclose a mortgage on real estate owned by the Main/Hitchcock Realty Trust (the " Trust" ). Chase asserted that Eldorado was " a 75% beneficiary" of that Trust. Chase also alleged that the mortgage secured a note from the Trust which was in default.

Eldorado, represented by counsel, filed an opposition to the relief motion in which it challenged the Trust's validity and Chase's standing to seek relief. Eldorado argued, alternatively, that even assuming the Trust were valid, issues existed concerning the extent of Eldorado's interest in the property. Following a hearing, the bankruptcy court, unpersuaded by Eldorado's arguments, entered an order granting relief from stay on July 18, 2013.[2]

Eldorado failed to file all of the documents and information by June 17, 2013; nor did it request a further extension. On July ...


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