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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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Is the "petition date" in a bankruptcy case the date on the

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Is the "petition date" in a bankruptcy case the date on the petition, the date it was mailed,
or the date that the Court Clerk process the application? This case would be in Alaska.
Hello and thank you for allowing me the opportunity to assist you.

The petition date is the date that the petition was filed in the bankruptcy court. That may have been what you meant by the last possibility that you wrote ("date that the Court Clerk process the application").

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
Customer: replied 3 years ago.

I called my local bank manager on the 16th and told him I was fililng

a Chapter 11 bankruptcy. On the 17th I sent emails to the bank manager and the attorney representing the bank, who had sent me notice of the bank's plan to auction the property on the 18th, indicating that I was filing the Chapter 11 petition by mail that day. On the 17th I mailed the petition by overnight delivery to the Court Clerk of the Bankruptcy Court. On the 18th the bank (as part of non-judicial foreclosure) auctioned the property in question to itself. Will the Court rule that I was too late in filing and refuse to hear the Chapter 11 case?

Hi again.

No, the foreclosure has nothing to do with whether the court will hear the Chapter 11 case. You may have been too late to stop the foreclosure, however. It depends on when the petition was filed and when the property was auctioned. If the petition was filed before the auction, then the foreclosure will be voided.
Customer: replied 3 years ago.

What about if it was filed on the same day and the auction and foreclosure notice were defective in that they included property that does not belong to me but to the Homeowners Association of the subdivision and I had previously provided proof of the error?

Hi again.

The petition needs to be filed first. For example, if the auction was at 1:00 PM, and the petition was filed at 1:01 PM, then you're too late. However, if the petition was filed at 12:59 PM, then you're just in time.

If the notice was defective, then the foreclosure would probably be voided if brought to the court's attention.
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