United States District Court, M.D. Pennsylvania
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE
before the court in this case in which pro se
appellant Gerald Kufrvoich (“appellant”), appeals
the Orders of the Bankruptcy Court dismissing his Chapter 13
Bankruptcy Case and denying his motion to reinstate his case
is an unopposed Motion to Intervene submitted by Goshen
Mortgage LLC as Separate Trustee for GBDT I Trust 2011-1
(“Intervenor”) pursuant to Fed.R.Civ.P.
24. (Doc. 5). For the reasons that follow, the court
will GRANT the motion.
August 7, 2018, appellant filed a Chapter 13 Bankruptcy
Petition which was docketed to case number 18-bk-3317,
J. DeHart, III, (“appellee”), was named the
Chapter 13 Standing Trustee in appellant's case.
holds the first mortgage lien on appellant's real
property located at 31 Hilltop Road, Barnesville,
February 7, 2019, appellee filed a motion to dismiss
appellant's Chapter 13 Case due to appellant's
failure to make Chapter 13 Plan Payments towards his
February 15, 2019, intervenor filed a motion for relief from
the automatic stay pursuant to 11 U.S.C. §362(d),
alleging that appellant failed to make monthly post-petition
mortgage payments to it. The Bankruptcy Court scheduled a
hearing on intervenor's stay motion for March 28, 2019.
hearing on appellee's motion to dismiss was held before
the Bankruptcy Court on March 5, 2019. Appellant failed to
attend the hearing. The motion was granted, and
appellant's Chapter 13 Bankruptcy Case was dismissed. As
such, intervenor's motion for relief from the automatic
stay was moot.
March 14, 2019, appellant filed a motion to reinstate his
Chapter 13 case.
11, 2019, the Bankruptcy Court held a hearing on
appellant's reinstatement motion and then issued an Order
denying the motion.
21, 2019, appellant filed his instant notice of appeal with
this court appealing the Bankruptcy Court's Orders
dismissing his Chapter 13 Case and denying his motion to
reinstate his case. (Doc. 1).
29, 2019, intervenor filed its motion to intervene in this
case, (Doc. 5), and its brief in support, (Doc. 6).
date, neither appellant nor appellee filed a brief in
opposition to intervenor's motion and the time within
which to do so has expired. As such, both parties are deemed
as not opposing intervenor's motion. See Local
rule 7.6, ...