Bankers Trust Company v. Bolosan

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NO. 23762 IN THE SUPREME COURT OF THE STATE OF HAWAI#I BANKERS TRUST COMPANY AS TRUSTEE OF AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN TRUST 1998-1 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF FEBRUARY 1, 1998, Plaintiff-Appellee vs. SERAPHIN CARL BOLOSAN, and GERALDINE KEHAULANI BOLOSAN, Defendants-Appellants and MOMILANI COMMUNITY ASSOCIATION, Defendant-Appellee and JOHN and MARY DOES 1-20, DOE PARTNERSHIPS, CORPORATIONS or OTHER ENTITIES 1-20, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 98-4609) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that: (1) the filing of the petitions for bankruptcy by appellant Seraphin Bolosan on August 25, 2000 and by appellant Geraldine Bolosan on September 15, 2000 operated as a stay of the continuation of Civil No. 98-4609; see 11 U.S.C. § 362; (2) the bankruptcy stay applied to appellants appeal of the August 24, 2000 order confirming the foreclosure sale and the August 24, 2000 writ of possession; (3) the appeal of the confirmation order and writ of possession was filed while the bankruptcy stay was in effect and the September 25, 2000 notice of appeal is invalid; cf. Island Insurance Co., Inc. v. Santos, 86 Hawai#i 363, 366, 949 P.2d 203, 206 (App. 1997); (4) even if the September 25, 2000 notice of appeal is not invalid, the appeal of the confirmation order and writ of possession is premature because a deficiency judgment has not been entered; see Hoge v. Kane I, 4 Haw. App. 246, 247, 663 P.2d 645, 647 (1983); and thus, (5) we lack jurisdiction over this appeal. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, June 12, 2002. 2

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