[WSBARP] Trustee's Sale One Day After Bankruptcy Petition Filing Worthy of Law School Exam

Mon Jul 8 21:20:26 PDT 2024

Doris,

The following is a recent 9th circuit case that provides a good summary
(and case law) discussing your situation:  Bank of NY Mellon v. ENCHANTMENT
AT SUNSET BAY, 2 F. 4th 1229 - Court of Appeals, 9th Circuit 2021.

Link:
https://scholar.google.com/scholar_case?case=253464475339360484&hl=en&as_sdt=6,48

See also In re Schwartz, 954 F. 2d 569 - Court of Appeals, 9th Circuit 1992

Link:
https://scholar.google.com/scholar_case?case=9193509276315113919&hl=en&as_sdt=6,48

“Our decision today clarifies this area of the law by making clear
that violations
of the automatic stay are void, not voidable. *See **In re Williams,* 124
B.R. 311, 316-18 (Bankr.C.D.Cal.1991)
<https://scholar.google.com/scholar_case?case=11789555748366243276&hl=en&as_sdt=6,48>
(recognizing
that the Ninth Circuit adheres to the rule that violations of the automatic
stay are void and criticizing the BAP decision in this case).”

This is a well-established area of law.  Call me and I’ll hook you up with
a couple of practitioners that can give you guidance as to your next steps.

*Mark C. McClure*
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484
Email: Mark at McClureLawGroup.com

*Notice of Unavailability:*       *May 8, 2024 – May 12, 2024; June 14,
2024 - June 21, 2024*

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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Doris Eslinger
*Sent:* Monday, July 8, 2024 8:28 PM
*To:* WSBA Real Property Listserv
*Subject:* [WSBARP] Trustee's Sale One Day After Bankruptcy Petition Filing
Worthy of Law School Exam

Help!!!  I conducted a trustee’s sale for a commercial loan on 6/21/24.
Today (7/8/24), I received a notice from a bankruptcy trustee that the
debtor filed a Chapter 13 bankruptcy on 6/20/24.  The debtor filed the
petition on his own without an attorney and the petition seems to be
frivolous – e.g. he checked the box that he received credit counseling
within 180 days before filing the petition but the Certificate of
Counseling was dated and filed on 6/28/24.   The petition contains missing
and incorrect information.  Moreover, the docket showed a Notice of
Deficient Filing and Order Denying Payment of Filing Fee in Installments on
6/20/24, and an entry of Receipt of Fee on 6/21/24, the day of the
foreclosure sale.  Also, the Grantors of the DOT is the person who filed
the bankruptcy and his mother – as far as I know, the mother has not filed
for bankruptcy.

The servicing agent already disbursed the default amount to the investor
lenders, and I already deposited the surplus into the court and recorded
the trustee’s deed.  I requested a trustee’s guarantee update both before
and after the sale and the bankruptcy filing did not show up.    Does
anyone have any advice?  Can someone recommend a bankruptcy attorney who
can assist with this matter?

Thank you in advance for your help!

Regards,

*Doris Eslinger*
*Attorney at Law*
*Eslinger Law Office, **PLLC*

2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Jan Kelly
*Sent:* Monday, July 08, 2024 2:12 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] REETA Exemption for BLA

Can someone please confirm that WAC 458-61A-215 is the proper exemption for
quit claim deeds associated with Boundary Line Agreements?

WAC 458-61A-215
Clearing or exiting title, and additions to title.

Thank you!

-- 

*Jan Kelly, JD/MBA*Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733

*Licensed in Nevada and Washington*.

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