In re: SABRA ALBRITTON v. Stanley J. Kartchner;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: SABRA ALBRITTON,
Debtor,
SABRA ALBRITTON,
Appellant,
v.
STANLEY J. KARTCHNER; et al.,
Appellees.
No. 10-60026
BAP No. 08-1333-DuJuPa
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Dunn, Jury, and Pappas, Bankruptcy Judges, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Sabra Albritton appeals pro se from the Bankruptcy Appellate Panel’s
judgment affirming the bankruptcy court’s order granting Countrywide Home
FILED
NOV 02 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-60026 2
Loans, Inc.’s motion for relief from an automatic stay with respect to certain real
property. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo
BAP decisions, and apply the same standard of review that the BAP applied to the
bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d
1088, 1090 (9th Cir. 2009). We may affirm on any ground supported by the
record, Stevens v. Nw. Nat’l Ins. Co. (In re Siriani), 967 F.2d 302, 304 (9th Cir.
1992), and we affirm.
The bankruptcy court did not abuse its discretion by granting relief from the
automatic stay with respect to certain real property because the real property at
issue was not property of the bankruptcy estate, and Albritton had no equity in that
property. See 11 U.S.C. § 362(d)(1), (2) (allowing bankruptcy court to grant relief
from the stay either for cause or with respect to property in which the debtor has no
equity and which is unnecessary to an effective reorganization); Moldo v. Matsco,
Inc. (In re Cybernetic Servs., Inc.), 252 F.3d 1039, 1045 (9th Cir. 2001) (reviewing
for an abuse of discretion the bankruptcy court’s decision to grant relief from an
automatic stay).
Albritton’s remaining contentions are unpersuasive.
Countrywide’s opposed motions for sanctions and to strike, filed on July 12,
2010, are denied.

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10-60026 3
Albritton’s opposed motion to file an amended reply brief, filed on
December 16, 2010, is granted.
AFFIRMED.

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