5:07-ap-00074•Suntrust Mortgage, Inc. dba Bancfinancial et al v. Gunter et al
Suntrust Mortgage, Inc. dba Bancfinancial et al v. Gunter et al
5:07-ap-00074NcebApr 22, 2008
Full text
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA RALEIGH DIVISION IN RE: CATHY ALLEN GUNTER DEBTOR CASE NO. 07-00348-5-ATS SUNTRUST MORTGAGE,INC. dba BANCFINANCIAL, PRIORITY TRUSTEE SERVICES OF NC, LLC as SUBSTITUTE TRUSTEE, KENNETH D. CAVINS as SUBSTITUTE TRUSTEE, MATRESSA MORRIS as SUBSTITUTE TRUSTEE, BECKY L. MILLIGAN as SUBSTITUTE TRUSTEE Plaintiffs v. CATHY ALLEN GUNTER and JOAN D. PULS Defendants. ADVERSARY PROCEEDING NO. S-07-00074-5-AP ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT The matter before the court is the motion filed on December 31, 2007, by the defendant, Joan D. Puls, for a new trial or alternatively, to alter or amend judgment. A hearing took place in Raleigh, North Carolina on April 16, 2008. SO ORDERED. SIGNED this 22 day of April, 2008. ________________________________________ A. Thomas Small United States Bankruptcy Judge ____________________________________________________________ Case 07-00074-5-JRL Doc 86 Filed 04/22/08 Entered 04/22/08 14:58:07 Page 1 of 2
2 Ms. Puls seeks relief from an order entered on December 21, 2007, allowing summary judgment in favor of SunTrust Mortgage, Inc., and from the judgment in favor of SunTrust also entered on that date. For the reasons set forth in the Order Determining Property to Have Been Abandoned and Denying Motion for Relief from Order entered on this date in the underlying bankruptcy case of the debtor, Cathy Allen Gunter, Case No. 07-00348-5-ATS, the motion is DENIED. Shortly after filing her motion, Ms. Puls also filed a notice of appeal of the order and judgment, but that appeal was premature and is ineffective pursuant to Rule 8002(b) of the Federal Rules of Bankruptcy Procedure until disposition of the instant motion. SO ORDERED. END OF DOCUMENT Case 07-00074-5-JRL Doc 86 Filed 04/22/08 Entered 04/22/08 14:58:07 Page 2 of 2
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