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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I have a bankruptcy entered dec 23 08 at 2 30 pm, where the

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I have a bankruptcy entered dec 23 08 at 2:30 pm, where the mortgage holder sold te property same day at 10:00 am our bankruptcy was registered the 23 where his sale was not recorded until the 24 by county court he just served eviction ( and would not even look at the bankruptcy seal saying it didn't matter) the bankruptcy went through the 341 a friday there is no record of eviction procedings on docket or county does the seal stand
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 8 years ago.

Your facts are a bit confusing.


If you're asking whether a summary eviction hearing should have been stopped based on your being unlawfully in the property, then the answer is no, because the property was sold prior to the bankruptcy filing, which means that it was not part of the bankruptcy estate. Therefore any claim arising from your continued possession of the property arose after commencement of the bankruptcy case, and therefore it was not subject to the §362 automatic stay.


I know this isn't the answer you were looking for, but it's the only one I can provide. Please don't shoot the messenger.



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