Yulfo v. Deutsch Bank National Trust Company

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
DENISE YULFO, 	No. 10-11764
Debtor(s).
______________________________________/
DENISE YULFO,
Plaintiff(s),
v. 	A.P. No. 10-1072
DEUTSCHE BANK NATIONAL TRUST
COMPANY,
Defendant(s).
_______________________________________/
Memorandum on Motion for Injunctive Relief
_________________
The complaint of Chapter 13 debtor Denise Yulfo alleges that her home at 1550 Grenache Wy,
Santa Rosa, California, was foreclosed upon by defendant Deutsche Bank before bankruptcy. She
seeks to undo the sale as a fraudulent transfer pursuant to § 548 of the Bankruptcy Code. She also
alleges that the Bank violated the Real Estate Settlement Procedures Act ("RESPA"), the Truth In
Lending Act ("TILA"), and the Fair Housing Act ("FHA").
Only the § 548 claim has anything to so with bankruptcy law. As to that claim, the law is clear
Entered on Docket
July 09, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-01072 Doc# 14 Filed: 07/09/10 Entered: 07/09/10 18:17:55 Page 1 of 2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
that “a fair and proper price, or a ‘reasonably equivalent value,’ for foreclosed property, is the price in
fact received at the foreclosure sale, so long as all the requirements of the State's foreclosure law have
been complied with.” 	BFP v. Resolution Trust Corp., 511 U.S. 531, 544, 114 S.Ct. 1757, 1765
(1994).
The only claim raised under bankruptcy law being patently without merit, the court will deny
the request for injunctive relief, dismiss the claim based on § 548 of the Bankruptcy Code with
prejudice, and dismiss the remaining claims without prejudice so that they can be brought in a more
appropriate forum. An appropriate order will be entered.
Dated: July 9, 2010
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 10-01072 Doc# 14 Filed: 07/09/10 Entered: 07/09/10 18:17:55 Page 2 of 2