United States District Court, D. Connecticut
RULING AND ORDER ON BANKRUPTCY APPEAL
A. BOLDEN UNITED STATES DISTRICT JUDGE
Koch (“Appellant”), pro se, appeals
three orders of the United States Bankruptcy Court
(“Bankruptcy Court”) and the United States
Bankruptcy Trustee's report of July 27, 2018. Notice of
Appeal, ECF No. 1; Order Granting Motion For Relief From Stay
Filed by Deutsche Bank National Trust Company, In re
Koch, 18-bk-50325 (JAM), Dkt. 10; Order Granting Mot.
for Permission to Obtain an Electronic Case Filing, et. al.,
id., Dkt. 16; Chapter 7 Trustee's Report of No.
Distribution (July 27, 2018); Order Denying Mot. to Vacate,
id., Dkt. 25.
reasons set forth below, the Court AFFIRMS
the Bankruptcy Court's orders.
FACTUAL AND PROCEDURAL BACKGROUND
29, 2005, Victoria Koch allegedly “executed a note in
favor of Washington Mutual Bank FA in the original principal
amount of $2, 593, 750.00 . . . ” for 2 Random Road,
Greenwich, Connecticut. Mot. for Relief, In re Koch,
18-bk-50325, Dkt. 9, at 3. Ms. Koch allegedly stopped making
payments on the note in early 2009. Id.
22, 2009, Deutsche Bank National Trust Company, as trustee
for Washington Mutual Bank, filed a foreclosure action
against the property in Connecticut Superior Court, Stamford
Judicial District. Obj. to Paul Koch's Mot. to Vacate
Order on Movant's Mot. For Relief from Stay, Ex.
Foreclosure Docket, id., Dkt. 21 at 10-20; see
Deutsche Bank v. Koch, FST-CV09-6001371-S (Conn. Super.
Ct., Stamford Judicial District Mar. 9, 2017, May 22, 2009).
April 29, 2014, Ms. Koch moved to name Mr. Koch as an
in-party Defendant on the basis of a quitclaim deed. see
Deutsche Bank, FST-CV09-6001371-S, Dkt. 205. On July 11,
2014, the Superior Court denied the motion. Id.,
Dkt. 206.87. On December 10, 2014, the Superior Court issued
a judgment of strict foreclosure against 2 Random Road.
Id., Dkt. 266.55.
March 21, 2018, Ms. Koch filed an individual petition for
Chapter 7 bankruptcy. Voluntary Pet. for Individuals Filing
for Bankruptcy (“Chapter 7 Pet.”), In re
Koch, 18-bk-50325. She listed herself as the only party
in interest to the 2 Random Road property, although she also
reported her marriage to Mr. Koch. Chapter 7 Pet. at 45.
3, 2018, Deutsche Bank National Trust Company, as trustee for
WaMu Mortgage Pass-Through Certificates, Series 2005-AR11
Trust, filed a motion for relief from a stay on foreclosure
of the 2 Random Road property. Mot. for Relief, id.
Deutsche Bank claimed that a recent appraisal of the property
showed a fair market value of $1.9 million, that Ms. Koch
owed $2.6 million, that Ms. Koch was surrendering the
property as part of her petition, and that the property's
negative equity meant that the bank had no adequate
protection and would suffer irreparable harm absent relief.
Id. at 9. Deutsche Bank proposed a response date of
May 24, 2018. Id. at 1.
Koch did not object to the lifting of the stay.
30, 2018, the Bankruptcy Court granted Deutsche Bank's
motion for relief from the stay. Order Granting Motion For
Relief From Stay, In re Koch, 18-bk-50325 (JAM),
31, 2018, Mr. Koch filed an appearance in the bankruptcy
action and asserted an interest in the 2 Random Road
property. Special Appear. of a Necessary Party in Interest in
Adjudication of the Fraudulent Pet., id., Dkt. 11.
He also moved for permission to obtain an electronic case
filing login and password. Mot. for Permission, id.,
than two weeks later, the Bankruptcy Court granted Mr.
Koch's request for a filing login and password “for
the limited purpose of filing a Proof of Claim, Transfer of
Claim or Withdrawal of Claim ...