KOZMA
v.
DEUTSCHE BANK TRUST COMPANY AMERICAS
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The bankruptcy court did not err in dismissing the adversary proceeding because the underlying bankruptcy case was also dismissed.
Appellant appealed the bankruptcy court's dismissal of her adversary proceeding, which was dismissed because the underlying bankruptcy case was dismis…
The full statement of facts, procedural history, and disposition for this case are member content.
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This matter is before the Court on Appellant Katalin Kozma’s pro se appeal of the bankruptcy court’s order dismissing her adversary proceeding. (Doc. 2-1). The background for this case is set forth in the Court’s order in Case No. 8:22-cv-1107 affirming the bankruptcy court’s dismissal of Kozma’s Chapter 11 case. In dismissing the bankruptcy case, the bankruptcy court also dismissed Appellant’s adversary proceeding, stating: The adversary proceeding will be dismissed because the case is dismissed. So we will close the adversary proceeding based on the dismissal of the case . . . .
Dismissal of a bankruptcy case ordinarily results in dismissal of related proceedings. See, e.g., In re Morris, 950 F. 2d 1531, 1534 (11th Cir. 1992). In this appeal, Kozma argued that the bankruptcy court’s order dismissing the bankruptcy case was erroneous, but this Court has now affirmed that order in Case No. 8:22-cv- 1107. Therefore, the bankruptcy court did not err in dismissing the adversary proceeding. Accordingly, it is ORDERED, ADJUDGED, and DECREED: 1. The bankruptcy court’s “Order Granting Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset- Backed Pass-Through Certificates, Series 2007-Q01’s Motion to Dismiss” (Doc. 2-1) is AFFIRMED. 2. The Clerk is directed to transmit a copy of this Order to the bankruptcy court, and thereafter close this case. DONE and ORDERED in Chambers in Tampa, Florida, this 30th day of September, 2023.
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