[WSBARP] RCW 61.30 Forfeiture and Bankruptcy Dismissal - Timing

[Rob Rowley]

Any thoughts or concerns about recording the declaration of completion of
forfeiture after a chapter 13 is dismissed for lack of feasibility.  I was
approximately one week out from recording the declaration of completion of
forfeiture, which still sits unrecorded in my file and the debtor filed
chapter 13.  Debtor and creditor worked out an acceptable payment plan and
had no objections to confirmation.  Trustee is objecting for various other
reasons and most likely will be dismissed.  Under RCW 61.24.130(4), there
are timeframes for the new sale date after dismissal of the stay.



I’d say 10 calendar days per RCW 61.30.130(1), treating the stay as an
order restraining the forfeiture.



Any thoughts or concerns?



Thanks.



Rob Rowley

Spokane






RCW 61.30.130 <http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.130>Forfeiture
may proceed upon expiration of judicial order—Court may award attorneys'
fees or impose conditions—Venue.

(1) If an order restraining or enjoining the forfeiture or an order of sale
under RCW *61.30.120*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.120> expires or is
dissolved or vacated at least ten days before expiration of the time for
cure, the seller may proceed with the forfeiture under this chapter if the
default is not cured at the end of the time for cure. If any such order
expires or is dissolved or vacated or such other final disposition is made
at any time later than stated in the first sentence of this subsection, the
seller may proceed with the forfeiture under this chapter if the default is
not cured, except the time for cure shall be extended for ten days after
the final disposition or the expiration of, or entry of the order
dissolving or vacating, the order.

(2) In actions under RCW *61.30.110*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.110> and *61.30.120*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.120>, the court may
award reasonable attorneys' fees and costs of the action to the prevailing
party, except for such fees and costs incurred by a person requesting a
public sale of the property.

(3) In actions under RCW *61.30.110*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.110> and *61.30.120*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.120>, on the seller's
motion the court may (a) require the person commencing the action to
provide a bond or other security against all or a portion of the seller's
damages and (b) impose other conditions, the failure of which may be cause
for entry of an order dismissing the action and dissolving or vacating any
restraining order, injunction, or other order previously entered.

(4) Actions under RCW *61.30.110*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.110>, *61.30.120*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.120>, or *61.30.140*
<http://app.leg.wa.gov/RCW/default.aspx?cite=61.30.140> shall be brought in
the superior court of the county where the property is located or, if the
property is located in more than one county, then in any of such counties,
regardless of whether the property is contiguous or noncontiguous.

[ *1988 c 86 § 13;*
<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c86.pdf?cite=1988%20c%2086%20%C2%A7%2013;>
 *1985 c 237 § 13.*
<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1985c237.pdf?cite=1985%20c%20237%20%C2%A7%2013.>
]
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