- 11 U.S.C.
In re Tippett
Jan
31
2006
Ruling
Automatic stay did not apply to sales or transfers, even authorized ones, initiated by the debtor and thus the transfer and liens were not void.
Procedural posture
Debtors, without authorization, sold their home to appellant buyer. Appellee trustee filed an adversary proceeding seeking turnover, quieting of title, and avoidance of the lien's of the buyer's lenders. The Bankruptcy Court for the Eastern District of California declared title to the property vested in the trustee and entered an order denying annulment of the automatic stay. The buyer and one of its lenders appealed.
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