Legal Opinion
Capital Realty Services, LLC v. Benson (In Re Benson)
United States Bankruptcy Court, D. Arizona
Decided May 21, 2003No. 03-00360-PHX-RJHPublishedCited by 8 opinions
1Opinion of the Court
OPINION DENYING MOTION FOR RELIEF FROM STAY
RANDOLPH J. HAINES, Bankruptcy Judge.
When is a trustee’s sale complete?
The issue is whether the automatic stay prevents the payment of the bid price by the successful bidder at a trustee’s sale, when the bankruptcy case is filed after the fall of the hammer at the trustee’s sale but prior to payment of the bid price. If the automatic stay does prevent payment of the bid price, does that mean the Debtor’s residence was not “sold” for purposes of Bankruptcy Code § 1322(c)(1), 1 so the Chapter 13 debtor still retains an opportunity to cure the default?…
2Cases cited12 opinions
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- Norma I. Colon, Debtor-Appellant v. Option One Mortgage Corporation, And/or Its AssignsCourt of Appeals for the Seventh Circuit · 2003
- In Re Entz-White Lumber And Supply, Inc.Court of Appeals for the Ninth Circuit · 1988
- Homeside Lending, Inc. v. Denny (In Re Denny)United States Bankruptcy Court, D. Maryland · 1999
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sewell v. MGF Funding, Inc. (In Re Sewell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- Elbar Invs., Inc. v. Okedokun (In re Okedokun)United States Bankruptcy Court, S.D. Texas · 2018
- In Re WescottUnited States Bankruptcy Court, E.D. Wisconsin · 2004
- Nickless v. Kessler (In Re Berman)United States Bankruptcy Court, D. Massachusetts · 2006
- Yaryan-Parks Trust v. Martinez (In re Martinez)United States Bankruptcy Court, D. New Mexico · 2012
3 more not listed; retrieve them via the Exa API.