A church in DE has filed a Chapter 7 bankruptcy, a sheriff''s sale is scheduled. Can the Debtor file a motion to dismiss and bid at the sheriff sale?

I'm not sure if I understand the facts, is the sheriff sale that his scheduled part of the chapter 7 bankruptcy or part of a mortgage foreclosure? The debtor can always file a motion to dismiss his chapter 7 bankruptcy petition, at which point they would be able to bid at the sheriff sale. But generally if the property has already been attached by the chapter 7 bankruptcy trustee, all funds from all bank accounts have generally been taken prior to this point. My point being, if you were to bid as sheriff sale after the chapter 7 bankruptcy trustee has taken all your bank account funds; that is direct proof that you have fraudulently filled out your chapter 7 bankruptcy forms and possible criminal charges will be brought against the appropriate parties. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook