LAW OFFICE OF D.L. DRAIN

1702 W. Camelback, Suite 264

 Phoenix, AZ 85015

Phone: 602.246.7106

Fax: 602.249.1969

DDrain@DianeDrain.com

 
   


   
 

 

BANKRUPTCY CASE LAW:
FORECLOSURE AND TRUSTEE SALES

The following is for the exclusive use of attorneys.  This firm does not make any representations as to the accuracy or current status of any case cited herein. 



 


HICKS v. E. T. LEGG & ASSOCIATES (05/25/01 - No. D034398)  Civil Code 2924c(e), and 2924g(d) do not prohibit the postponement of a foreclosure sale for successive periods of five of fewer business days during the period a sale is on hold because of an injunction or bankruptcy stay.

Bankruptcy of Wytch, USBAP 9th, Nos. 97-1089 and 79-1145, 7/1/98: 11 U.S.C. Section 349(b) does reinstate a debtor’s prepetition property rights by invalidating specified bankruptcy court orders, Section 349(b) does not vacate orders for relief from the automatic stay under 11 U.S.C. Section 362(d).  real property sold 2 hours after BK filed (chapter 7) property purchased by TP with no knowledge of BK, LR brought action to annul stay, no objection , relief granted.  Case inadvertently dismissed, then reinstated, DR’s argued that set aside earlier Order lifting stay – BK Court and BAP did not agree – Order lifting stay stands.

  BACK TO BANKRUPTCY CASE LAW Index


OPINION SUMMARIES ARCHIVE FindLaw archives case law summaries of opinion issued since September 2000 by the U.S. Supreme Court, all thirteen Federal Circuit Courts, the California Supreme Court, the California Appellate Courts, and the New York Court of Appeals.  http://caselaw.lp.findlaw.com/casesummary/index.html

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