The Tenth Circuit Bankruptcy Appellate Panel
reversed the bankruptcy court’s order granting relief
from stay to Bank of America to foreclose on the
debtor’s house because the bankruptcy court failed to
conduct an evidentiary hearing on whether Bank of
America was in possession of the note secured by
debtor’s residence, or if Bank of America had some
other legal basis to enforce the note. The court
rejected Bank of America’s argument that a debtor’s
failure to schedule a debt as disputed estops the
debtor from challenging relief from stay.

STEINBERG V. BANK OF AMERICA N.A. (IN RE: STEINBERG; 10TH CIR.)