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In re Dyer (18-62156) 03/01/2019

Before the debtor filed a chapter 7 petition, CLMG Corporation filed an unlawful detainer action against the debtor as to a property it had purchased at a foreclosure sale.  Later, after the debtor had filed his chapter 7 petition, CLMG, which was not in any way noticed of the bankruptcy case, obtained a judgement for possession.  Once CLMG discovered the pending case, it filed a motion to annul the automatic stay so that the judgment for possession would not be void.  Based on the facts of the case, the Court granted the motion.

Friday, March 1, 2019
Automatic Stay
Chapter 7 Issues