Judge John Keenan
Franklin Credit Management and Tribeca Lending were granted judgment in Crawford's 2008 action over claims arising from their allegedly fraudulent mortgage refinancing scheme. The court held Crawford lacked standing, or was estopped from bringing her claims, because she did not assert them in her 2006 bankruptcy petition. Crawford again sought bankruptcy relief, asserting the previously neglected claims. In January 2012 bankruptcy court held the claims belonged to Crawford's estate in bankruptcy. It granted defendants judgment in Crawford's adversary proceeding, holding the trustee's May 2012 abandonment of the claims held by Crawford's bankruptcy estate did not confer standing on Crawford. Nor did her claims "re-vest." District court denied Crawford relief under Federal Rule of Civil Procedure 60(b)(5). Citing Chartschlaa v. Nationwide Mut. Ins. and Rosenshein v. Kleban, it noted that circuit precedent supported bankruptcy court's finding that the trustee's abandonment of claim was not a "changed circumstance" under Rule 60 (b)(5) warranting relief. Although not articulated, relief under Rule 60(b)(6) was unavailable. Crawford showed neither "extraordinary circumstances" nor "extreme and undue hardship."
