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Vardan v. Wells Fargo Bank, N.A.

United States District Court, E.D. Virginia, Alexandria Division

September 10, 2019

BOBBIE UPASNA VARDAN, Plaintiff,
v.
WELLS FARGO BANK, N.A., Defendant.

          MEMORANDUM OPINION

          T. S. ELLIS, DISTRICT JUDGE

         Debtor, Bobbie Upasna Vardan, appeals an order entered by United States Bankruptcy Judge Klinette Kindred on November 30, 2018, which granted Wells Fargo Bank's motion for in rem relief from the automatic stay (the "Second Lift Stay Order”) on the Debtor's real property located at 3409 Meyer Woods Lane, Fairfax, Virginia 22033 (the "Subject Property"). In other words, Judge Kindred's order permitted Wells Fargo to foreclose on the Subject Property even if Debtor or her spouse file subsequent bankruptcies within two years after the date of the Second Lift Stay Order.

         Debtor contends that the Bankruptcy Court erred in granting the Second Lift Stay Order. Specifically, Debtor alleges that her husband's prior bankruptcy filings should not be viewed as evidence of a lack of good faith in filing this bankruptcy case and that Debtor was not given an opportunity to amend or correct any perceived inadequacies in Debtor's proposed modification plan prior to dismissal of Debtors bankruptcy case.

         For the reasons that follow, the Debtor's appeal of die Second Lift Stay Order must be dismissed, as that order was rendered moot by events that occurred prior to the Second Lift Stay Order. There is, therefore, no jurisdiction to consider Debtors appeal of the Second Lift Stay Order.

         L

         The following findings of fact are derived from the Bankruptcy Court's Memorandum Opinions on November 30, 2018 and February 15, 2019.

• On March 22, 2016, Dr. Sandeep Vardan, Debtor's husband, filed No. 16-70362 pro se, requesting relief under Chapter 11 of the Bankruptcy Code, in the Western District of Virginia, Roanoke Division (the "First Bankruptcy"). After the case was filed, Debtor filed a Notice of Entry of Appearance on behalf of Dr. Sandeep Vardan.
• On July 22, 2016, the U.S. Trustee filed an Emergency Motion to convert the bankruptcy to a case under Chapter 7 on the basis that Dr. Sandeep Vardan had breached his fiduciary duties as a Debtor-in-Possession.
• At the conclusion of a hearing conducted on July 28, 2016. the Bankruptcy Court found adequate cause existed to convert the case to a Chapter 7. Adequate cause existed for several reasons, which are set out in the Bankruptcy Court's November 30, 2018 Memorandum Opinion, including failure to comply with Bankruptcy Rule 4008 which requires the debtor to swear under penalty of perjury that the debtor's schedules arc true and correct.
• In August 2017, the U.S. Trustee filed a Complaint to Deny Discharge in the First Bankruptcy. Rather than mounting a defense to the complaint, Dr. Sandeep Vardan, through Debtor acting as counsel, moved to waive his discharge. On August 17, 2017, the' Bankruptcy Court entered an Order Approving Waiver of Discharge.
• On August 28, 2017 at 12:08 p.m. Dr. Sandeep Vardan filed No. 17-129012 pro se,requesting relief under Chapter 11 of the Bankruptcy Code, in the Eastern District of Virginia, Alexandria (the "Second Bankruptcy"). The filing of this petition caused the cancellation of a foreclosure sale of the Subject Property scheduled for later that day at 1:30 p.m.
• On September 6, 2017, the First Bankruptcy case was closed.
• On September 28, 2017, the Bankruptcy Court dismissed the Second Bankruptcy case with prejudice, preventing Dr. Sandeep Vardan from filing a bankruptcy case in any bankruptcy court in the United States for one year from the entry of the order.
• On November 13, 2017 at 12:48pm, Bobbie Upasna Vardan, Debtor, filed the instant case, No. 17-13848, requesting relief under Chapter 11 of the Bankruptcy Code, in the Eastern District of Virginia, Alexandria (the 'Third Bankruptcy"). The filing of this petition caused the cancellation of a ...

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