Asked in Bankruptcy for Florida

Q: In Re Nash (9th Cir. 1985) the court stated it is constrained by the plain language of the bankruptcy code; 11usc349b3..

in my 2009 ch13, a state foreclosure sale was allowed 3 months after my overseas deployment and 1 day before the bk court opined that the case must be stayed until i return stateside in 2010, vacating the dismissal orchestrated by trustee & bank - objections to the order could be filed within 10 days, but none were filed. Eventually i redeployed in late 2010, and they again orchestrated yet another dismissal. The bank then headed back to state court seeking to validate its sale - which actually violated 11usc362 stay since i was deployed and could not receive any legal notices of the proceedings, so the stay never lifted. After judge shopping for 4 yrs, in Jan 2013 it eventually convince a senile state judge to grant a motion to order the clerk to issue bogus title predicated on the unauthorized sale VOID ab initio...Based on the solid case law and plain language of 11usc349b3, should i file a motion to reopen the ch13 case for adversary proceedings seeking a federal court order ?

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Bankruptcy Lawyer
  • Deltona, FL
  • Licensed in Florida

A: You need to retain a seasoned bankrutpcy attorney in this matter.

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