Masterson v. Berkeley Federal Bank & Trust (In Re Masterson)

MEMORANDUM OF DECISION

JAMES B. HAINES, Jr., Bankruptcy Judge. *

Before the court is Randell P. Masterson’s complaint seeking a declaration that a certain post-petition foreclosure sale conducted by defendant Berkeley Federal Bank & Trust, FSB (“Berkeley”), is void as a violation of § 362’s automatic stay. 1 For the reasons set forth below, I conclude that the sale is not void and that judgment shall enter for Berkeley. 2

BACKGROUND

Randell Masterson (“Masterson” or “debt- or”) filed a voluntary Chapter 7 petition on April 14, 1995. Berkeley filed a motion for relief from stay on June 5, 1995,…