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.