Sheridan Decision Idaho Bankruptcy Judge Myers

Idaho Takes the Lead: In re Sheridan — Real Party Must Have Actual Pecuniary Interest.

“The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be the moving party, and so identified in the papers and in the electronic docketing done by the moving party’s counsel.”