Russell v. Aurora Bank FSB (In re Russell)

9th Circuit, 11 U.S.C. § 362, Federal Rule 9024, Bankruptcy Process and Procedure

Citation:

BAP No. CC-12-1312-DKiPa
 The BAP ruled that it could not consider the new argument raised for the first time on appeal since the Debtors never raised it in response to the creditor's declaration of default under the APO in the lower court, and in fact never responded to the creditor's declaration of default. The BAP noted, however, that the Debtors still had time to file for relief in the lower court under the Federal Rules of Civil Procedure, Rule 60(b)(1) or (6).