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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 you
are 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 assume
that "came out of bankruptcy" means that your bankruptcy
was dismissed with prejudice. And that the property
is located in a state where no foreclosure refiling
is required. If this is the case the there are really
only 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 that
only #1 above is the case, and this is why he/she has
said 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.
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