Irmo, SC asked in Bankruptcy and Foreclosure for South Carolina

Q: I filed a Chapter 13 (SC) at 1:00 PM the day of the auction. The auction sale was recorded at 3:00PM.

Could the stay affect the sale?

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2 Lawyer Answers
T. Augustus Claus
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A: If you filed for Chapter 13 bankruptcy before the auction took place, it is possible that the automatic stay may have affected the sale. However, the specific timing and details of the bankruptcy filing, as well as any actions taken by the foreclosure sale trustee, can impact the outcome.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: If the auctioneer or seller had notice of the filing, then the automatic stay was in place. If they did not receive notice of your filing, it becomes a far more difficult issue and more facts are needed to analyze your options.

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