Elbar Investments, Inc. v. Pierce (In Re Pierce)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

WESLEY W. STEEN, Bankruptcy Judge.

In this adversary proceeding, the Court must determine the effect of a judicial (tax) sale of the debtor’s homestead that took place only minutes after this bankruptcy case was filed. Without knowledge that the case had been filed, Elbar Investments, Inc. (“Elbar”) purchased the Debt- or’s homestead at the constable’s sale for $31,000. The constable has declined to issue a deed to the property until this court determines the effect of the automatic stay. In a motion filed in the main bankruptcy case, Elbar asked the…