(6th Cir. Apr. 22, 2015)
The Sixth Circuit affirms the bankruptcy court’s annulment of the automatic stay, ratifying a foreclosure sale that took place post petition. The debtor filed a chapter 13 petition on the day before the foreclosure sale, and the bankruptcy court found that the debtor intentionally withheld the filing from the creditor. The court found that the debtor’s behavior constituted “cause” sufficient to annul the automatic stay. Opinion below.
Author: Matt Lindblom