Carroll v. Citizens Federal Savings & Loan Ass'n (In re Carroll)

MEMORANDUM DECISION GRANTING COMPLAINT FOR PRELIMINARY INJUNCTION AND TO SET ASIDE SHERIFF’S SALE OF DEBTOR’S REAL PROPERTY

FRANCIS G. CONRAD, Bankruptcy Judge.**

This adversary proceeding1 is before us on the complaint of Debtor to prohibit the Lake County Sheriff’s Department from issuing a deed in foreclosure to Debtor’s property, and for an Order setting aside the Sheriff’s sale. Because we find the sale was improper, we conditionally grant Debtor’s complaint.

The facts of this case are simple and uncontested. Prior to Debtor’s filing, on November 6, 1987, of her Chapter 13 petition, under…