Akers v. Windward Capital Corporation et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MARTHA A AKERS,
Debtor.
____________________________
MARTHA A AKERS,
Plaintiff,
v.
WINDWARD CAPITAL
CORPORATION, et al.,
Defendants.
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Case No. 07-00662
(Chapter 13)
Adversary Proceeding No.
10-10006
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING
EMERGENCY MOTION FOR PRELIMINARY INJUNCTION
The plaintiff, Martha Akers, has filed an emergency motion
for preliminary injunction (Dkt. No. 55) seeking to have the
court stay the enforcement by Windward Capital Corporation or its
assigns from foreclosing on a deed of trust on property held by
Akers. 	This emergency motion is identical to a previous motion
for preliminary injunction Akers filed on June 2, 2010, save for
that the emergency motion includes an affidavit signed by Akers
The document below is hereby signed.
Signed: July 25, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 10-10006 Doc 62 Filed 07/26/10 Entered 07/26/10 14:00:30 Desc Main
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and several exhibits consisting of filings in this court, the
deed of trust under which the defendant, presumably, would
foreclose, several account statements, and several letters from
the defendant and the plaintiff's insurance company. 	In a
memorandum decision and order dated June 29, 2010, I denied the
plaintiff's previous motion for preliminary injunction on the
basis that Akers had failed to include an affidavit, as required
District Court Local Civil Rule 65.1, and because the motion
failed to demonstrate a likelihood of prevailing on the merits
and irreparable harm.
Although Akers' emergency motion now includes an affidavit,
because the emergency motion is identical to the previous motion
Akers has still failed to demonstrate a likelihood of prevailing
on the merits and irreparable harm. 	Therefore, for the reasons
set forth in the court's June 29, 2010, Memorandum Decision and
Order Denying Amended Motion for Preliminary Injunction, it is
ORDERED that the plaintiff's emergency motion for
preliminary injunction (Dkt. No. 55) is DENIED.
[Signed and dated above.]
Copies to: All parties and counsel of record.
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