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Kufrovich v. Dehart

United States District Court, M.D. Pennsylvania

August 29, 2019

GERALD KUFRVOICH, Appellant
v.
CHARLES J. DEHART, III, Appellee
v.
GOSHEN MORTGAGE LLC as Separate Trustee for GBDT I Trust 2011-1, Intervenor-Appellee

          MEMORANDUM

          MALACHY E. MANNION UNITED STATES DISTRICT JUDGE

         Pending 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.

         I. Relevant Background

         On August 7, 2018, appellant filed a Chapter 13 Bankruptcy Petition which was docketed to case number 18-bk-3317, M.D.Pa.

         Charles J. DeHart, III, (“appellee”), was named the Chapter 13 Standing Trustee in appellant's case.

         Intervenor holds the first mortgage lien on appellant's real property located at 31 Hilltop Road, Barnesville, Pennsylvania.

         On 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 Reorganization Plan.

         On 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.

         The 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.

         On March 14, 2019, appellant filed a motion to reinstate his Chapter 13 case.

         On June 11, 2019, the Bankruptcy Court held a hearing on appellant's reinstatement motion and then issued an Order denying the motion.

         On June 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).

         On July 29, 2019, intervenor filed its motion to intervene in this case, (Doc. 5), and its brief in support, (Doc. 6).

         To 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, ...


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