Mona Lisa Knowles v. Bayview Loan Servicing, LLC

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FOR PUBLICATION

Before Feeney, Tester, and Bailey, United States Bankruptcy Appellate Panel Judges.

Mona Lisa Knowles (the “Debtor”) filed a complaint against Bayview Loan Servicing, LLC (“Bayview”), the servicer of the first mortgage on her home, alleging*fn1 violations of the Real Estate Settlement Procedures Act*fn2 and of the automatic stay and seeking to establish liability under 11 U.S.C. § 105(a) (“§ 105(a)”).*fn3 The bankruptcy court entered summary judgment in favor of Bayview on the RESPA count, holding that RESPA does not apply to the Debtor’s loan. The court subsequently entered judgment in favor of Bayview on the automatic stay and § 105(a) counts on the grounds that Bayview’s acts were not against property of the Debtor or the estate, and that Bayview did not violate § 105(a) by filing its proof of claim after confirmation of the Debtor’s chapter 13 plan. For the reasons discussed below, we AFFIRM. Additionally, we DENY Bayview’s motion for fees and costs under Bankruptcy Rule 8020.

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