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FW: Last Minute Motion to Impose Stay
This is really interesting.
While my client is dead in the water under 11 U.S.C. 362(c)(4), there is a way to do this using the fact his wife, who did not file, is a co-debtor and has the co-debtor stay under 1301.
See In re King, 362 B.R. 226 (Bankr.Md., 2007)
Judge set aside a foreclosure sale after a serial filing after finding his hands tied under 362.
Facts are the nonfiling wife is on title and loan, so we're good to go.
Steven B. Lever
The post was migrated from Yahoo.
I've been doing research, and to update my post, I did not take into account 11 U.S.C. 362(c)(4)(C) which states:
(C) a stay imposed under subparagraph (B) shall be effective on the date of the entry of the order allowing the stay to go into effect;
Therefore, it is not retroactive to the original filing date when the BFP bought the property at the foreclosure sale, and so I now realize my Motion to Impose Stay is pointless.
Was this obvious to anyone, just curious?
Steve
The post was migrated from Yahoo.