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What is proper motion to file in BK to reinstate the stay that was lifted in error?

Riverside, CA |

Trustee's sale held, Ch 13 BK filed prior to execution and recordation of trustee's deed. Trustee's deed is void. Relief was granted only to continue eviction. Trustee's deed is still void and several parties are violating the stay (clouding title/continuous collection) motion for contempt has been filed. What motion can be filed to impose or reinstate the automatic stay as a form of a temp. restraining order to refrain the parties until the contempt hearing?

Motion for reconsideration denied and appeal pending, stay pending appeal denied. These errors were just recently discovered, that the "creditor" erroneously applied Cal Civ Code 2924h to the trustee's deed. Judge made the mistake/assumption that the Movant was correct.

Attorney Answers 3

  1. You should file for reconsideration of the order granting relief from the stay, raising the issues you have stated supporting the continuation of the stay. If that is denied, then you appeal it, and the original order, if appropriate, AND you ask for continuance of the stay pending appeal.

  2. If the BK was filed after the Trustee's Sale, the fact that it was filed prior to recordation of the deed is irrelevant. There is no recourse if the BK was not filed prior to the hammer falling at the auction.

  3. The sucessful bidder is not enjoined from perfecting its interest in the property by recording a deed after the bk was filed. This is how the 9th circuit has interepted section 362 of the bankruptcy code.

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