UNITED STATES CO URT OF APPEALS FOR THE TENTH CIRCUIT

In re: CLARENCE THOMAS,

Debtor.

-------------------- ---------- CLARENCE THOMAS, Appellant,

v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee. No. 13-6281 (BAP No. 13-029-WO) (BAP)

ORDER AND JUDGMENT *

Before MATHESON , EBEL , and PHILLIPS , Circuit Judges.

This appeal concerns whether the Federal National Mort gage Association (FNMA) is a “party in inte rest” entitled to seek “an orde r . . . confirming that the

* After examining the briefs and appella te record, this pa nel has determined unanimously that oral argument would not mate rially assist the de termination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctr ines of law of the case, res judicata, and collateral estoppel. It may be cite d, however, for its persuasi ve value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### July 29, 2014

Elisabeth A. Shumaker Clerk of Court- 2 - automatic stay [associated with Mr. Thomas’s bankruptcy ] has been terminated.” 11 U.S.C. § 362(j). After holding an evidentiary hear ing, the bankruptcy court

determined that FNMA had made a sufficien t, colorable showing of standing, as the holder of a promissory note signed by Mr. Thom as, to seek § 362(j) relief. The Tenth Circuit Bankruptcy Appellate Panel (BAP) affirmed. Exercisi ng jurisdiction under 28 U.S.C. § 158(d)(1 ), we affirm. “Although this appeal is from a decision by the BAP, we review only the Bankruptcy Court’s decision.” Alderete v. Educ. Cred it Mgmt. Corp. ( In re Alderete) , 412 F.3d 1200, 1204 (10t h Cir. 2005). “We review matters of law de novo, and we review fa ctual findings made by the bankruptcy court for clear

error.” C.O.P. Coal Dev. Co. v. C.W. Mining Co. (In re C.W. Mining Co.) , 641 F.3d 1235, 1240 (10th Cir. 2011). “[W]e treat the BAP as a subordinate appellate tribunal whose rulings are not entitled to any de ference (although they certainly may be persuasive).” Parks v. Dittmar (In re Dittmar) , 618 F.3d 1199, 1204 (10th Cir. 2010) (quotation omitted). We may affirm the decision of the bankruptcy court “for any reason supported by the record.” United States v. My ers (In re Myers) , 362 F.3d 667, 674 n.7 (10th Cir. 2004). At the evidentiary hearing, FNMA prod uced what it claime d was the original promissory note signed by Mr. Thomas. FNMA claimed to be the holder of the note

which had been endorsed in blank. The bankruptcy court conc luded, and the BAP affirmed, that FNMA had made a sufficient showing that it held the original note to- 3 - confer standing to seek the § 362(j) orde r. Mr. Thomas now raises a number of objections to this conclusi on, arguing that (1) FNMA failed to present evidence concerning how it came into possession of the note; (2) the bankruptcy court and BAP’s scenario concerning the history of th e note is unsupported and contradicted by the record and the representations of FN MA’s counsel; (3) the BAP erred by shifting the burden to Mr. Thomas to prove that someone besides FNMA held the original note or had made a claim on the note; (4) FNMA failed to provide any evidence to prove transfer of the note to FNMA; (5 ) Mr. Thomas proved that Chase Home Finance, LLC, had made a conflicting claim on the note; (6) FNMA submitted no evidence to prove that the note presente d was the original, and the note was not self-authenticating pursuant to Fed. R. Evid. 902(9); and (7) the ambiguities in the note’s chain of title are materially relevant in this context. Having carefully reviewed the bankr uptcy court’s decision and the BAP’s affirmance, the briefs, a nd the record, we affirm the challenged decision for substantially the reasons st ated in the BAP’s opinion issued November 13, 2013. To the extent Mr. Thomas raises points not expressly determined by the BAP in its decision, we find them meritless.

Entered for the Court

David M. Ebel Circuit Judge