Thank you for your email and question.
After I filed Chapter 13 BK on 1/2/09, a lender foreclosed on my residential home in an unlawful and void sale (Automatic Stay Violation). This Violation is still in place and I am suing for any possible damages/losses/fees as per 362 (h), via a current Adversary Proceeding.
However, the "buyer" at this sale......................has just received an Automatic Stay Removal/Annulment.......................WOW!!
As per my reading of current law and research this buyer should have no legal or valid transfer of property title and should have NO subsequent value or ability to bring Motions/proceedings.
Further complications, is that I was not served properly or even aware of or in attendance at the Hearing for the Removal of Automatic Stay. My Chapter 13 attorney has had a serious health issue since August "09 and I have just been making Plan payments. The actual Confirmation has been delayed all along.
My goal is to file a Notice of Appeal and/or a Notice to Alter or Amend. The last date to file is actually, Tuesday, 1/5/10.
I am confident my current Appeal's attorney knows what to file and I am meeting with him (2nd meeting) on Monday to file required documents.
I wanted to get another expert's opinion as to best possible direction and course of action and documents needed.
Thank you again,