From the Editor - Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Stay annulment reversed. The bankruptcy court had annulled the automatic stay, permitting the foreclosure purchaser to complete unlawful detainer action, but the Bankruptcy Appellate Panel held that purchaser’s sales report was not admissible into evidence under the business records exception to hearsay. The report had been obtained by the purchaser from the trustee conducting foreclosure sale, and it was offered into evidence to prove that the sale was completed just minutes before the Chapter 13 case was filed. The report lacked foundational support under Fed. Rule of Evidence . . .

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