Timing of foreclosure sale vs. petition filing=20
Posted: Tue Feb 17, 2009 6:38 pm
I saw an attorney argue before Judge Thompson....and lost...I think Jody Angel or he was involved in some capacity.....something about the CCP and that the sale technically took place at 8 am (no matter what the actual sale time was)......he ran out screaming he would appeal and go after the lender to force to settle (Pite was counsel for Lender)....
But that was the last I have heard of this....
To: cdcbaa@yahoogroups.com
Sent: Tuesday, February 17, 2009 3:52:12 PM GMT -08:00 US/Canada Pacific
Subject: [cdcbaa] Timing of foreclosure sale vs. petition filing
I just got asked this by a colleague, and should know the answer, but for
some reason don't:
Is the automatic stay retroactive to the beginning of the day on which thepetition is filed, or is it really down to the exact minute and second?
The facts in this particular case involve a foreclosure sale which took
place 20 minutes prior the filing of the bankruptcy case.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means athttp://bklaw.com/bankruptcy-blog/2008/09/debt-relief-agencies-definition/ )________________________________________________
NOTICE: This Electronic Message contains information from the law office ofMark J. Markus that may be privileged. The information is intended for theuse of the addressee only. If you are not the addressee, note that any
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Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw.com
www.simonresnik.com
I just got asked this by a colleague, and should know the answer, but for
some reason don't:
Is the automatic stay retroactive to the beginning of the day on which the
petition is filed, or is it really down to the exact minute and second?
The facts in this particular case involve a foreclosure sale which took
place 20 minutes prior the filing of the bankruptcy case.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of
Mark J. Markus that may be privileged. The information is intended for the
use of the addressee only. If you are not the addressee, note that any
disclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. tax advice contained in this
communication (or in any attachment) is not intended or written to be used,
and cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed in this communication.
-- Matthew D. ResnikAttorney at LawSimon and Resnik LLP449 S. Beverly DriveSuite 210Beverly Hills, Ca 90212T:310-788-9777F: 310-788-0017Matt@resniklaw.comwww.simonresnik.com
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