Irvine, CA asked in Bankruptcy, Consumer Law, Foreclosure and Collections for California

Q: If the court-ordered sale of a residence and a subsequent BK is filed but dismissed 30 days later, is a new OSC required

After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The issue involves a new California Homestead Law which is effective 1/1/21, greatly increasing the Homestead amount.

1 Lawyer Answer
Yelena Gurevich
Yelena Gurevich
  • Bankruptcy Lawyer
  • Studio City, CA
  • Licensed in California

A: the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.

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