Wells Fargo Foreclosure Successful Despite Debtor’s Bankruptcy

Feb. 19, 2021, 3:29 PM UTC

A bankruptcy debtor’s attempt to use the All Writs Act to challenge Wells Fargo Bank NA‘s foreclosure on her property was rejected by the Eleventh Circuit because it’s not the kind of case for which the All Writs Act is designed.

Susan Rohe opened her bankruptcy proceedings while an appeal of Wells Fargo’s foreclosure against her property was pending in a Florida state court. That court held that her bankruptcy didn’t automatically stay her appeal.

The bankruptcy court allowed Wells Fargo to continue with the foreclosure proceedings. Rohe appealed that decision to the district court and tried to remove ...

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