Bankr. No.:
93-10166
Chapter:
12
Date of Decision:
April 11, 1994
Issue:
Whether foreclosure sale of real property to be conducted by sheriff under South Dakota law was stayed by § 362(a)?
Ruling:
Sheriff's foreclosure was stayed by § 362(a) because it is an act or proceeding that would alter a debtor's interest in or title to the property. Court held a debtor is not divested of all interests in the mortgaged property when a foreclosure judgment is obtained under South Dakota's laws governing foreclosure by action.
Full Bankruptcy Court Decision:
