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Green Tree Servicing LLC v. Boyd (In re Boyd)

Green Tree Servicing LLC v. Boyd (In re Boyd)

Ruling
Tax sale conducted in violation of stay voided despite alleged lack of knowledge of filing by tax collector.
Procedural posture

Lender sought summary judgment on its complaint to void a tax sale conducted by defendant tax collector of debtors' manufactured home on the ground that the sale violated the automatic stay imposed by 11 U.S.C.S. § 362 in debtors' chapter 13 case. Defendant denied knowledge of the filing of the bankruptcy and asked the court to annul the stay, thereby validating the sale.

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Consumer opinion summary, case decided on December 22, 2011 , LexisNexis #0212-041