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Re: Does Bankruptcy over turn sale if filed same day

PM
February 07, 2012 01:30PM
This was an interesting question that you posed with regard to the timing of the bankruptcy when
contrasted with the presumption in Civil Code § 2924(h)(c) creating a statewide presumption that
all foreclosure sales occur at 8:00a.m. on the day of the foreclosure. Of course the actual sale time
at the foreclosure was approximately one hour after the filing of the bankruptcy petition.
As I anticipated, the federal bankruptcy law trumps the statutory presumption of an 8:00 a.m. sale.
“If Civil Code § 2924(h)(c) provides for a post-petition action to relate back to
before the bankruptcy was filed, it conflicts with Federal Law and it is preempted
by the Federal Bankruptcy Law. State law cannot make valid a foreclosure sale
conducted in violation of the Automatic Stay by providing that the void act relates
back to a time before it occurred.” In Re Sanders (1996) SG Cal., 198 BR 326.
Subject Author Views Posted

Does Bankruptcy over turn sale if filed same day

PM 748 February 06, 2012 10:15AM

Re: Does Bankruptcy over turn sale if filed same day

PM 606 February 06, 2012 10:35AM

Re: Does Bankruptcy over turn sale if filed same day

PM 554 February 06, 2012 10:47AM

Re: Does Bankruptcy over turn sale if filed same day

BrianH 541 February 06, 2012 06:39PM

Re: Does Bankruptcy over turn sale if filed same day

mikebick 486 February 06, 2012 09:27PM

Re: Does Bankruptcy over turn sale if filed same day

PM 1014 February 07, 2012 01:30PM

Re: Does Bankruptcy over turn sale if filed same day

PM 559 February 07, 2012 01:39PM

Re: Does Bankruptcy over turn sale if filed same day

miabuton 400 March 29, 2012 12:35AM

Re: the rules make sense to me

Island Time 505 February 06, 2012 10:59PM



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