Security Pacific National Trust Co. v. Dusevic

*875OPINION OF THE COURT

Elaine Slobod, J.

Defendants Kola N. Dusevic and Linda Dusevic, pro se, move to set aside the foreclosure sale of premises located at 42 Spank-town Road, Warwick, New York. Said sale was held on June 22,1998 pursuant to a judgment of foreclosure and sale entered on November 1, 1996. Defendants contend that the sale was held in violation of an automatic stay imposed by the Bankruptcy Code (11 USC) upon their filing of a voluntary chapter 13 petition in bankruptcy on June 17, 1998.

While a court has the discretion to set aside a judicial sale where fraud, collusion, mistake or…