UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

 

In re: MARK S. MILLER; 

JAMILEH MILLER, 

 Debtors. 

------------------------------ 

MARK S. MILLER; 

JAMILEH MILLER, 

 Appellants, 

v. 

DEUTSCHE BANK NATIONAL 

TRUST COMPANY; SALLY J. 

ZEMAN, Trustee, 

 Appellees. 

No. 13-1410 

(D.C. No. 1:12-CV-03279-PAB) 

(D. Colo.)

 

ORDER AND JUDGMENT*

 

Before HARTZ, BALDOCK, and BACHARACH, Circuit Judges. 

 

 

*

 After examining the briefs and appellate record, this panel has determined 

unanimously that oral argument would not materially assist the determination 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 doctrines of law of the case, res judicata, and collateral 

estoppel. It may be cited, however, for its persuasive value consistent with 

Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

August 29, 2014

Elisabeth A. Shumaker 

Clerk of Court
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The parties are familiar with the underlying facts of this case, which we need 

not detail here. In our prior opinion in this case, Miller v. Deutsche Bank National 

Trust Co. (In re Miller), 666 F.3d 1255 (10th Cir. 2012), we clarified the nature of 

the proof required for Deutsche Bank to establish its standing as a “party in interest” 

entitled to seek relief from the automatic stay in the debtors’ bankruptcy. We then 

remanded for further proceedings on that issue. Id. at 1265. On remand, the 

bankruptcy court held an evidentiary hearing and received additional evidence and 

testimony concerning Deutsche Bank’s standing as a creditor of the debtors’ estate. 

It concluded that Deutsche Bank had demonstrated its standing and its entitlement to 

relief from stay. The debtors appealed to the district court, which affirmed the order 

and judgment of the bankruptcy court. 

The debtors then filed a post-judgment motion in the district court, seeking 

relief pursuant to Fed. R. Civ. P. 50(b), 59, and 60(b). The district court construed 

their motion as a motion for rehearing under Fed. R. Bankr. P. 8015. Before the 

district court could rule on their motion, they appealed to this court from the district 

court’s judgment affirming the bankruptcy court’s order. We held the appeal in 

abeyance until the district court ruled on the post-judgment motion. When it denied 

the motion, this ripened the prior-filed notice of appeal. See Fed. R. App. P. 

6(b)(2)(A)(i). The debtors did not file a new or amended notice of appeal from the 

district court’s ruling on their post-judgment motion. 
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On appeal, the debtors raise eight issues: (1) whether the bankruptcy court 

lacked subject matter jurisdiction to hold an evidentiary hearing after remand; 

(2) whether the bankruptcy court abused its authority by awarding Deutsche Bank 

possession and control of the debtors’ real property; (3) whether further proceedings 

in the bankruptcy court and/or the order entered as a result of the evidentiary hearing 

were barred by res judicata or because they were beyond the scope of our previous 

mandate; (4) whether the bankruptcy court’s order denying their summary judgment 

motion represented an abuse of discretion; (5) whether the purported original 

promissory note Deutsche Bank presented at the hearing was self-authenticating; 

(6) whether the bankruptcy court’s ruling on the authenticity of the proposed note 

was erroneous; (7) whether the bankruptcy court improperly granted Deutsche 

Bank’s motion for protective order; and (8) whether the district court abused its 

discretion by denying the debtors’ post-judgment motion. 

Because the debtors did not file a new or amended notice of appeal from the 

district court’s denial of their Rule 8015 motion, we lack jurisdiction to address their 

eighth issue, and we therefore dismiss the appeal as to that issue. See Fed. R. App. P. 

6(b)(2)(A)(ii) (“Appellate review of the order disposing of the [8015] motion 

requires the party, in compliance with Rules 3(c) and 6(b)(1)(B), to amend a 

previously filed notice of appeal.”). As for the remaining seven issues, “[i]n an 

appeal in a bankruptcy case, we independently review the bankruptcy court’s 

decision, applying the same standard as the . . . district court. We thus review the 
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bankruptcy court’s legal determinations de novo and its factual findings for clear 

error.” Miller v. Bill & Carolyn Ltd. P’Ship (In re Baldwin), 593 F.3d 1155, 1159 

(10th Cir. 2010) (citations omitted). Having carefully reviewed the briefs, the record, 

and the applicable law under the appropriate review standards, we discern no 

reversible error in the issues presented and therefore affirm the challenged judgment 

of the district court. 

 Entered for the Court 

 Bobby R. Baldock 

 Circuit Judge