In re: Toni Griffin, No. 12-60046 (9th Cir. 2013)
Annotate this CaseThe Bank filed a motion for relief from an automatic stay and submitted a copy of the promissory note, which was a second-generation copy, as well as a declaration certifying that the original note was in the Bank's files. The trustee argued that a duplicate of a duplicate of the original was insufficient to establish prudential standing. The court concluded that a duplicate of a duplicate was a duplicate for purposes of Federal Rule of Evidence 1003 and concluded that the Bank established prudential standing to file the motion for relief from the stay.
Court Description: Bankruptcy. Affirming a decision of the Bankruptcy Appellate Panel, the panel held that a bank, by providing a copy of a copy of the promissory note with respect to which the bank sought relief from an automatic stay, and a declaration establishing the bank’s possession of the original note, established prudential standing to file a motion for relief from the stay.
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