The court held that the Debtors' interest in real property (the equity of redemption) became property of the estate when the Debtors filed bankruptcy after a foreclosure sale but before a memorandum of sale was prepared. A foreclosure sale is final when "the trustee knocks the land down to the bidder, makes a memoradum of the sale and its terms, and signs the same." Rolen v. Southwest Virginia National Bank, 39 B.R. 260, 264 (Bankr. W.D. Va. 1983).
File:
Judge:
Date:
Thursday, March 30, 2006
Category:
Automatic Stay
Foreclosure
Chapter:
13