Legal Opinion
In Re Grant
District Court, D. Nevada
Decided December 9, 2003No. BK-S-03-19798-LBRPublishedCited by 9 opinions
1Opinion of the Court
ORDER RE: MOTION TO LIFT STAY
LINDA B. RIEGLE, Bankruptcy Judge.
This case presents the question whether a pre-petition foreclosure sale can be avoided because the trustee’s deed was recorded after the Chapter 13 bankruptcy petition was filed. This Court holds that, under Nevada law, a debtor’s legal and equitable interest in property is effectively terminated upon the foreclosure sale, and not upon recordation of the trustee’s deed. The post-petition recordation of the deed, therefore, does not violate the automatic stay or thereby render the sale void.
On August 6, 2003, certain realty owned…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997
- In Re: Cynthia Cohen, Debtor. Robert P. Abele, Trustee/movant v. Modern Financial Plans Services, Inc.Court of Appeals for the Ninth Circuit · 2002
- In Re: Sandralee Rodgers, Debtor, Sandralee Rodgers v. County of Monroe, William M. Lissow, and George M. ReiberCourt of Appeals for the Second Circuit · 2003
- McCall v. CarlsonNevada Supreme Court · 1946
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Building Energetix Corp. v. EHE, LPNevada Supreme Court · 2013
- Tai-Si Kim v. KearneyDistrict Court, D. Nevada · 2012
- Buenting v. Crystal Cascades Civil, LLC (In Re Crystal Cascades Civil, LLC)United States Bankruptcy Court, D. Nevada · 2008
- In re ZubenkoUnited States Bankruptcy Court, E.D. California · 2015
- Darrell L. SmithUnited States Bankruptcy Court, N.D. Mississippi · 2020
4 more not listed; retrieve them via the Exa API.