In re: Griffin

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Bankruptcy Law
  • Date Filed: 06-26-2013
  • Case #: 12-60046
  • Judge(s)/Court Below: Per Curiam; Circuit Judges Alarcon, McKeown, and Ikuta
  • Full Text Opinion

Providing a duplicate of a duplicate of a promissory note along with a declaration confirming possession of the original note is sufficient for a bank to establish prudential standing to file a motion for relief from an automatic stay.

After filing a motion for relief from an automatic stay in a bankruptcy case, in order to establish standing, the United States Bank North America (“the bank”) submitted a copy of the promissory note relating to which the bank sought relief from the stay. Evidently, the copy was a second-generation copy of the note. In addition to the copy of the promissory note, the bank submitted a declaration certifying that the bank’s files contained the original version of the note. The bankruptcy trustee argued that the bank could not establish prudential standing by producing a duplicate of a duplicate of the original promissory note. The bankruptcy court rejected the trustee’s argument, and the Bankruptcy Appellate Panel affirmed. Agreeing with the First Circuit, the Ninth Circuit found that for purposes of Federal Rule of Evidence 1003, a copy of a copy is a duplicate. Therefore, the panel held that the bank was able to establish prudential standing by providing a copy of a copy along with a declaration verifying that it possessed the original note. Thus, the bank could file the motion for relief from the stay. The panel further noted that in granting relief from the stay, the bankruptcy court did not abuse its discretion. AFFIRMED.

Advanced Search