QUESTION
Would the motion for verification be enough to stop the sale or hold the sale?
Asked on Feb 07th, 2014 on Bankruptcy - California
More details to this question:
The day of the sale of my home, I filed for a chapter 7. I was paying with my husband a chapter 13 payment so I had to have a verification from the 13 to file the 7. So technically, the verification was filed prior to the sale but had to be approved. The sale happened at 10am the chapter 7 was filed just before 12 noon.
4 ANSWERS
Once the sale happens, in Indiana, that's it. There is no redemption and bankruptcy cannot "stay" that which has already happened - even if it just happened within hours.
Answered on Feb 12th, 2014 at 3:03 PM
I am not sure that I follow your chain of events, but if you didn't have a bankruptcy case number before the sale took place, I don't see you being protected by the bankruptcy stay.
Answered on Feb 12th, 2014 at 3:02 PM
Bankruptcy Law Attorney serving Livingston, NJ
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It is a question of deed v gavel. You filed after the sale, so depending on your jurisdiction, you maybe out of time.
Answered on Feb 11th, 2014 at 1:44 PM
Bankruptcy Attorney serving Walnut Creek, CA
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If the sale was completed two hours prior to the filing of the petition, the property was no longer an asset of the estate and the sale was not stayed (and there was no violation of the automatic stay). In my opinion, the bankruptcy was filed too late.
Answered on Feb 11th, 2014 at 1:43 PM