- 11 U.S.C.
Peralta, In re
Jun
21
2022
Ruling
Home was not property of the estate given prepetition judgment of possession regardless ofthe fact that the debtor still lived there. (3d Cir.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Russell, In re
May
03
2019
Ruling
Debtor lacked the ability to include a foreclosed property in a subsequently filed Chapter 13bankruptcy after the fall of the gavel at a duly held foreclosure sale conducted in accordancewith state law. (Bankr. S.D. Ala.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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Court
:
- 11 U.S.C.
Lieber, In re
Apr
22
2019
Ruling
Issuance of sheriff’s deed would not violate the automatic stay where debtor's property wasconsidered sold on the date of the foreclosure sale. (Bankr. N.D. Iowa)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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Court
:
- 11 U.S.C.
Vertullo, In re
Oct
01
2018
Ruling
Debtor may still attempt to cure her mortgage as the creditor had not completed theforeclosure sale by recording the foreclosure deed. (Bankr. D.N.H.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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Court
:
- 11 U.S.C.
Schweiger, In re
May
11
2018
Ruling
Confirmation denied as plan proposed to cure mortgage arrears on debtor's residence whichwas not permitted as the debtor's equity of redemption was foreclosed by completion of anauction sale before his bankruptcy petition was filed. (Bankr. D. Md.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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Court
:
- 11 U.S.C.
TD Bank v. LaPointe (In re LaPointe)
Feb
24
2014
Ruling
Bankruptcy court should have granted relief from stay where mortgagee's foreclosure was completed prepetition under state law.
Issue(s)
Whether court erred by denying bank's motion for stay relief based upon its interpretation of 11 U.S.C.S. § 1322(c)(1).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Jenkins
Jan
12
2010
Ruling
Debtor's plan could cure mortgage default where foreclosure sale was complete but deed had not been delivered or recorded.
Procedural posture
A bankruptcy debtor proposed a plan which provided for cure of the debtor's mortgage arrearage under 11 U.S.C.S. § 1322(c)(1) since a foreclosure sale of the debtor's residence was not finalized prior to the debtor's bankruptcy. The debtor's mortgage creditor objected to confirmation of the debtor's plan on the ground that Ark. Code Ann. § 18-50-101(8) (2003) deemed the property sold when the highest bid was accepted which was pre-bankruptcy.
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Court
:
- 11 U.S.C.
In re Medaglia
Apr
01
2009
Ruling
Relief from stay granted to allow recordation of deed from prepetition foreclosure sale that cut off debtor's right to cure.
Procedural posture
Buyer purchased the debtor's property at a prepetition foreclosure auction. A memorandum of sale was executed on the same day of the auction, and the buyer paid the required deposit. Before the buyer recorded his deed, the debtor filed a chapter 13 case. The buyer moved for relief from the automatic stay in order to record a deed and to take possession of the property.
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Court
:
- 11 U.S.C.
In re Bardell
Aug
10
2007
Ruling
Prepetition foreclosure terminated debtor's right to cure default through plan.
Procedural posture
Debtor had defaulted on his mortgage loan, and a trustee under a deed of trust conducted a foreclosure sale. Two days later, debtor filed for chapter 13 relief. Debtor sought to undo the foreclosure sale and cure his mortgage arrearage in his proposed plan. The Bankruptcy Court for the Northern District of West Virginia ruled debtor was not entitled to cure his mortgage default or to avoid the prepetition foreclosure sale. Debtor appealed.
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Court
:
- 11 U.S.C.
In re Connors
Aug
03
2007
Ruling
Debtor could not cure mortgage default after foreclosure sale and before delivery of deed.
Procedural posture
Appellant, a chapter 13 debtor, sought review of a decision from the District Court for the District of New Jersey, which held that the debtor did not have a right under 11 U.S.C. § 1322(c)(1) to cure a default on a mortgage secured by the debtor's principal residence between the time the residence was sold at a foreclosure sale and the time the deed was delivered.
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