Re: Lost property

Posted by Cosmos on December 01, 2003 at 19:01:38:

In Reply to: Re: Lost property posted by Nick(Colorado) on December 01, 2003 at 18:28:55:

: 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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Comments:




: : 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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