Homeside Lending, Inc. v. Denny (In Re Denny)
United States Bankruptcy Court, D. Maryland
1Opinion of the Court
MEMORANDUM OF DECISION
DUNCAN W. KEIR, Bankruptcy Judge.
Before the court is a motion for relief from stay filed by Homeside Lending, Inc. (“Homeside”) to allow ratification of the prepetition foreclosure sale of debtor’s home. The issue is whether a foreclosure sale in Maryland is complete, for purposes of Section 1322(c)(1) of the United States Bankruptcy Code, 1 at the time the sale is conducted, or in the alternative, after the state court has entered an order ratifying the sale. For the reasons that follow, the court concludes the sale is complete “when the gavel falls,” and that the…
2Cases cited24 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
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3Cited by27 opinions
- In Re ConnorsCourt of Appeals for the Third Circuit · 2007
- In Re TownsvilleUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
- In Re BoboDistrict Court, District of Columbia · 2000
- In Re CrichlowUnited States Bankruptcy Court, D. Massachusetts · 2004
- King v. Wells Fargo Bank, N.A. (In Re King)United States Bankruptcy Court, D. Maryland · 2007
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