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The city has held a foreclosure by sale for unpaid property…

The city has held a...
The city has held a foreclosure by sale for unpaid property taxes. The motion for committee approval has been made. Can the homeowner file a bankruptcy petition to stay this from happening? This is in CT
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Answered in 8 minutes by:
1/15/2018
Lori
Lori, Attorney
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Hello. Let me see if I can assist you. Please give me a moment to review and type my reply.

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Customer reply replied 1 month ago
Thank you

yes, there is recent law that states that it does.

In re RW Meridian LLC, 564 B.R. 21 (9th Cir. BAP 2017). The Ninth Circuit Bankruptcy Appellate Panel considered whether the pre-petition expiration of the Debtor’s right of redemption for unpaid taxes permitted the tax authority to complete a tax sale post-petition without obtaining relief from the stay. The BAP held that the automatic stay applied, voiding the sale. The BAP noted that on the petition date, Debtor held “equitable and legal interests in the property” and that those interests, “including legal title and possession”.

Equity One, Inc. v. Shivers, 150 Conn. App. 745, 753-56 (2014), wherein Connecticut’s Appellate Court held that the Automatic Stay precludes the Superior Court from acting upon a Committee for Sale’s request.

Hope that helps.

Please be sure to accept my responses and post a positive rating.

Lori
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Customer reply replied 1 month ago
That was a great answer. That was the BEST answer that I ever got on this site! Thank you for that research!

You are welcome. Good luck.

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