- 11 U.S.C.
In re Snowden
Apr
14
2006
Ruling
Debtor's motion to vacate annulment of automatic stay regarding foreclosed principal residence was denied since section 1322(c)(1) did not permit debtor to toll right to redeem the foreclosed property for the life of the chapter 13 plan.
Procedural posture
On October 15, 2005, debtor filed a bankruptcy case under chapter 13. An order was entered on November 28, 2005 granting a mortgagee's Motion to Annul the Automatic Stay with respect to debtor's foreclosed residential real estate that had been sold at a prepetition judicial sale. On March 9, 2006, debtor filed a Motion to Vacate Annulment of the Automatic Stay based on Fed. R. Civ. P. 60(b).
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Court
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