Legal Opinion
Randall v. Equicredit Financial Services Corp. (In Re Randall)
District Court, D. New Jersey
Decided June 12, 2001No. CIV. A. No. 00-6083 (MLC). Bankruptcy No. 00-59168 (SAS)PublishedCited by 5 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION
COOPER, District Judge.
This matter comes before the Court on appeal from the bankruptcy court decision denying the debtor’s motion to extend the redemption period and granting the mortgagee’s motion to vacate the automatic stay. (See 11-14-00 Tr.; Order filed 11-20-00.) The issue before us is whether the debtors’ right to cure a default on their mortgage expires at the end of the foreclosure sale (the “gavel rule”) or when the sheriff delivers the deed to the successful bidder at the auction (the “deed-delivery” rule). Concluding that the right to cure default…
2Cases cited9 opinions
- In Re Sharon Steel Corporation, Debtor. Appeal of Dwg Corporation and Victor PosnerCourt of Appeals for the Third Circuit · 1989
- Hardyston National Bank v. TartamellaSupreme Court of New Jersey · 1970
- Matter of MullarkeyUnited States Bankruptcy Court, D. New Jersey · 1987
- St. Clair v. Beneficial Mortgage Co. (In Re St. Clair)District Court, D. New Jersey · 2000
- East Jersey Savings & Loan Ass'n v. ShattoNew Jersey Superior Court Appellate Division · 1987
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3Cited by5 opinions
- In Re ConnorsCourt of Appeals for the Third Circuit · 2007
- TD Bank, N.A. v. LaPointeBankruptcy Appellate Panel of the First Circuit · 2014
- In Re TownsvilleUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
- Taylor v. Vermont Housing Finance Agency (In Re Taylor)District Court, D. Vermont · 2002
- In Re: ConnorsCourt of Appeals for the Third Circuit · 2007