Hickman v. First State Bank of Cordele (In Re Motley)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALGIE M. MOSELEY, Jr., Bankruptcy Judge.

Real estate was abandoned by Trustee and not claimed as exempt by Debtor. Holder of second security deed obtained relief from stay. Holder of first security deed foreclosed without obtaining relief from stay. Herein, foreclosure deed by holder of first security is set aside as being in violation of automatic stay.

FINDINGS OF FACT

1. Debtor filed a voluntary petition in bankruptcy on February 29, 1980, and the stay under 11 U.S.C. § 362 automatically went into effect.

2. On the date of bankruptcy, February 29,1980,…