In re McCallum (Ch. 13 Case No. 17-51487, Adv. No. 17-05054)

The debtor sought to set aside the alleged wrongful foreclosure on her residence.  The foreclosure sale occurred prepetition but the foreclosure deed was filed for record postpetition.  Although the creditor sent via certified mail notice of the pending foreclosure, the U.S. Postal Service never delivered the notice to the debtor.  The Court held that the creditor had complied with applicable state law, O.C.G.A. § 44-14-162.2, even though the notice was not actually received by the debtor.  The Court also denied the debtor’s claims that the foreclosure sale was an avoidable preferential transfer, a fraudulent transfer or that filing the foreclosure deed postpetition was a violation of the automatic stay.  11 U.S.C. §§ 547, 548, 549, 362.

Thursday, March 22, 2018