In re Thomas (02-55026)

The court granted retroactive stay relief to validate a foreclosure sale when the creditor had no actual knowledge of the bankruptcy filing at the date of foreclosure and the debtor received no benefit from the real estate. Furthermore, the debtor had no equity in the property and it was not necessary to effectuate his Chapter 13 plan; thus the creditor was entitled to stay relief.

Friday, November 5, 2004