Re: Lost property

Posted by Nick(Colorado) on December 01, 2003 at 18:28:55:



In Reply to: Lost property posted by Cosmos on December 01, 2003 at 17:17:26:



Cosmos:

>Shouldn't our lawyer, who got copies of the relief from >automatic stay, have filed the necessary paperwork to >delay this, to buy us some time?

I think that there are two bits of information that youare going to have to disclose before you will receive usefull information on this board:

1. In which state is the property located.2. What is the meaning of: "came out of bankruptcy."

Without the above information we are left to assumethat "came out of bankruptcy" means that your bankruptcywas dismissed with prejudice. And that the propertyis located in a state where no foreclosure refilingis required. If this is the case the there are reallyonly two ways that the sale could possibly be reversed:

1. There was a substantial procedural error on the part of the trustee, or the lien holder, in the foreclosure process.2. A bankruptcy judge orders the sale reversed.

Your BNK attorney is working under the assumption thatonly #1 above is the case, and this is why he/she hassaid the sale may not be reversed. The #2 option is a sleazy turn that a bankruptcy judge/trustee will sometimes do mainly for their own benefit.





Follow Ups:

E-Mail : Subject :