In re Parker

Posted on January 12, 2017. Filed under: Uncategorized |

If you are contemplating bankruptcy to save your home, don’t delay. In this ruling from the Bankruptcy Court for the Eastern District of Kentucky, the judge says explicitly that when the master commissioner sale, or auction, typically held at the courthouse door, is held, the sale is final, and Chapter 13 bankruptcy can not be used to save the home !

Moral to the story, seek the assistance of a bankruptcy attorney as soon as you receive the foreclosure lawsuit papers either by certified mail or served by the sheriff !

Kentuckiana Bankruptcy Opinions

(Bankr. E.D. Ky. Jan. 6, 2017)

The bankruptcy court sustains the creditor’s objection to confirmation of the Chapter 13 plan. The debtor filed her bankruptcy petition after the creditor obtained a judgment and order of sale with respect to the debtor’s residence, after the creditor was the successful bidder at the resulting foreclosure sale, but before the state court confirmed the foreclosure sale. The creditor argued the debtor was not permitted to cure the default through her plan. The court discusses 11 U.S.C. § 1322(c) and holds that the debtor may not cure the default through a plan after the “gavel comes down on the last bid.” Confirmation of the sale and the right of redemption do not affect the analysis. Opinion below.

Judge: Schaaf

Attorney for Debtor: DelCotto Law Group PLLC, Dean A. Langdon

Attorneys for Creditor: Goldberg Simpson, LLC, Stephen R. Solomon, Megan P. Keane

2017-01-06-in-re-parker

Author: Matt…

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