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In re Conner (Case No. 08-50354) 7/14/2008

Creditor's motion to reinstate case denied as not filed within ten day period for filing a request for alteration or amendment of judgment under Rule 9023 and as creditor did not state grounds for relief under Rule 9024.  Case dismissed for failure to timely file certain schedules and other required documents. A motion to reinstate a dismissed case is in the nature of a motion to vacate the dismissal order, which if not brought within ten days of dismissal, must show grounds for relief under Rule 9024. Prior to filing, creditor scheduled auction of certain real estate, but counsel for creditor was not informed of the filing prior to the auction.  Parties that entered into the purchase agreements at foreclosure auction are not protected by Section 549(c) because there was no transfer of an interest in real property within the meaning and intent of that section as the bidders learned of the bankruptcy filing prior to closing.  Creditor should have sought annulment of the automatic stay retroactive to time of filing.

Date: 
Monday, July 14, 2008
Category: 
Automatic Stay
Dismissal
Foreclosure
Relief from Stay
Reopening/Reinstatement
Sale of Property
Chapter: 
13