From the Editor – Automatic Stay • NACTT Academy

From the Editor – Automatic Stay

By The Honorable William Houston Brown (Retired)

Continuance of foreclosure sale did not violate stay. A prepetition foreclosure sale had been scheduled after default, and the Bankruptcy Appellate Panel observed that “’overwhelming weight of authority’ holds that continuing a foreclosure sale date in the manner provided by state law during the pendency of the automatic stay does not violate the automatic stay.” The Panel held that “’continuation,’ as used in § 326(a)(1) connotes an advancement of an action or proceeding. Continuing the foreclosure sale date from month to month in the manner prescribed by Rhode . . .

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