In re Geiger (05-54262)
The creditor conducted a foreclosure sale just prior to the debtor filing for bankruptcy relief. The creditor contended that the foreclosure sale was final upon its acceptance of the highest bid. The debtor contended the foreclosure sale was not final because there was no tender of consideration and no execution of a deed of foreclosure. The court held that the foreclosure sale was not consummated and that the debtor's interest in the property was not terminated before the debtor filed for bankruptcy relief.