In re Benchmark Capital Inc.
Apr
09
2013
Ruling
Foreclosure sale that took place after petition date was voidable and could not be retroactively validated.
Procedural posture
Movant buyer purchased real property that was previously owned by debtor corporation at a foreclosure sale, without knowledge that the debtor had been placed into bankruptcy, and after he received notice that the debtor was in bankruptcy, he asked the bankruptcy court to annul the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) and to retroactively validate the foreclosure sale. The court held a hearing on the buyer's motion.
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Court
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