One of the many benefits of filing for bankruptcy is that a stay is automatically entered upon filing, preventing any creditors from taking legal action against the debtor. If an automatic stay is violated, a debtor can seek relief from the court. Issues can arise, however, when it is unclear when a bankruptcy action was filed. In such instances, the court may be unable to determine if a stay was violated and whether the debtor is entitled to the relief sought, as demonstrated in a recent California ruling issued in a bankruptcy action. If you are overwhelmed with debts, it is wise to talk to a California bankruptcy lawyer want to determine if bankruptcy is a suitable option for you.
Procedural and Factual History of the Case
It is alleged that the parties agreed that the debtor filed a chapter 13 bankruptcy petition in October 2017. The time the petition was filed is disputed, however, as it contains two timestamps that are 32 seconds apart, with the later time stamp indicating the petition was filed at 2:00 pm. At the same time that day, the creditor conducted a foreclosure sale of the debtor’s property. The debtor did not learn of the foreclosure sale until after it occurred.
It is reported that the debtor’s bankruptcy petition was dismissed for the failure to pay filing fees. He reinstituted the bankruptcy action, however, and filed a motion for summary judgment, asking the court to find that the creditor violated the automatic stay and to determine that the foreclosure sale and all actions related to it were void.