The BAP reversed the ruling that post-confirmation Chapter 13 debtors were precluded from contesting the standing of a party moving for relief from the automatic stay. Debtor scheduled claim by lender, and lender filed claim.
After confirmation, HSBC sought relief and provided copies of loan documents in its possession. But assignment from original claimant to HSBC was not recorded until after court granted HSBC’s motion. The BAP provided a detailed discussion of the transaction with the loan, holding that MERS did not have the right to assign the note to HSBC.