In re Williams (Ch. 13 Case No. 07-52478, Adv. No. 08-05026)

The debtor failed to make the payments on her residence. The lender foreclosed on its deed to secure debt and was the highest bidder. The debtor filed a Chapter 13 bankruptcy case nine days later. The debtor sought to set aside the foreclosure and deal with her mortgage obligation through her confirmed Chapter 13 plan. The court held that the debtor's rights, title and equity of redemption were terminated when the lender made the highest bid at foreclosure. The court held that the debtor had no interest in her former residence when she filed for bankruptcy relief. The court granted the lender relief from the automatic stay to proceed with its remedies under state law.

Thursday, September 4, 2008