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.

Date: 
Friday, March 1, 2019
Category: 
Automatic Stay
Chapter 7 Issues
Chapter: 
7