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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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Hello, My husband claimed chapt 13 bankruptcy the day before

Customer Question

Hello,

My husband claimed chapt 13 bankruptcy the day before the sale date. (April 8th) The next day by oversight of the civil court was sold in an auction for 100 dollars. On the 30th of April the Civil court put in a motion to vacate the sale. However, The chapt 13 court had the bankruptcy dismissed on the 1st of May. Will the bank get the house back and move forward with the sale even though it wasn't supposed to go thru bc the chapt 13 filing; or, bc the civil court asked the bank to vacate the sale bc the 13 was in place the day b4 cause the sale to be null/void and restart the sale date?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 5 years ago.

Need more info please. Why was the chapter 13 dismissed?

Customer: replied 5 years ago.
The chapt 13 was dismissed this friday May 1st.
Customer: replied 5 years ago.
ok the case was dismissed due to my husband not filing all of his schedules in a timely fashion
Expert:  Maverick replied 5 years ago.

You need to look at the BK court's order regarding the dismissal of May 1st and see if it says anything about annulment of the automatic stay. If it says that, then it is as if the stay never took place and the sale is valid so long as the motion to vacate the sale has not been granted yet.

 

If there is nothing about annulment of the stay, it is likely that the sale will take place again. However, this really depends on the court's intentions at the time of dismissal which has to be inferred from all the surrounding facts.

 

Please click ACCEPT so I can get credit for my work. We can continue our conversation after this at no additional charge.

 

 

Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
Maverick and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

ok yes..the exact words are

The case came on for consideration upon the Order Establishing duties of the trustie and debor. The court being fully informed in the premisis finds that the debtor failed to file all documents as required under the bankruptcy code and or on before april 23rd 09. that this case shouldbe dismissed.. accordingly it is hereby.. this case is dismissed, the automatic stay imposed by 11 usc section 362 is terminated, and persuant to the provisions of the 11 usc secntions 105a and 109g the debtor is not enjoined from filing for relief under title 11 of the united states code But the civil court also filed a motion to vacate the sale on the 30th bc they did the sale the day after he filed chapt 13. So ur saying the sale may be valid? bc it was dismissed should he refile a 13 immediately with all the paper work?

Expert:  Maverick replied 5 years ago.

105a says the court has authority to dismiss the case if documents are missing.

 

109g normally says you cannot refile another BK within 180 days of the dismissal.

 

If, however, your dismissal order reads that "the debtor is not enjoined" they it appears that you may refile a bankruptcy petition within 180 days of the dismissal of this case, but only if the petition is accompanied by a full filing fee, a complete set of schedules and Statement of Financial Affairs, and Chapter 13 plan, if applicable.

 

Since the word "terminated" is used it most likely means that the sale on April 8th is void and the motion to vacate should be granted because a new sale will have to take place unless another BK is filed to to stop that one.

 

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