Critical Case Comment: Miller v. Deutsche Bank National Trust Company

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN

Miller v. Deutsche Bank National Trust Company, 2012 WL 286865 (10th Cir, Feb. 1, 2012) (Portfilio)

A creditor, seeking relief from the automatic stay, must establish its right to enforce the underlying note and where that note is endorsed in blank, the creditor generally must produce the original Note; the Rooker-FeldmanDoctrine does not preclude a debtor from challenging the standing of the creditor when that creditor obtained a judgment of foreclosure in state court.

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