4:04-bk-23129•William H. Stone and Cynthia J. Stone
Gesamter Gesetzestext
1. To explain, a hearing was held on Debtors’ Motion to Vacate on November 8, 2005, at which time the matter was taken under advisement and a bench order was entered directing the parties to file briefs. Specifically, Debtors were directed to file their brief in support of their Motion within ten days and Waterfield was directed to file its brief in opposition to Debtors’ Motion within twenty days. While counsel for Debtors filed a letter on November 18, 2005 in which he indicated, without explanation, that he would not be filing a brief, Waterfield filed its brief in opposition to Debtors’ Motion on November 30, 2005. UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In re: WILLIAM H. STONE, II and : Case No. 04-23129T CYNTHIA J. STONE, Debtor(s) : : ORDER AND NOW, this 7 th day of December, 2005, it is ORDERED that Debtors’ Motion to Vacate the Order entered by this Court on July 28, 2005 granting the Motion filed by Waterfield Mortgage Company (“Waterfield”) requesting relief from the automatic stay is DENIED both for failure to prosecute1 and on the merits, see Butler v. Lomas and Nettleton Co., 862 F.2d 1015, 1018 (3rd Cir. 1988)(the purchaser at a sheriff’s sale obtains vested equitable ownership of the property at the fall of the auctioneer’s hammer); In re Rouse, 48 B.R. 236 (Bankr. E.D. Pa. 1985)(once the hammer falls at a sheriff’s sale, the mortgagor has no right to redeem under Pennsylvania law); see also In re Moore, 267 B.R. 111, 118 (Bankr. E.D. Pa. 2001)(the purchaser at a sheriff’s sale obtains vested equitable ownership of the property at the fall of the auctioneer’s hammer). Reading, PA THOMAS M. TWARDOWSKI United States Bankruptcy Judge Case 04-23129-ref Doc 79 Filed 12/07/05 Entered 12/07/05 15:27:53 Desc Main Document Page 1 of 1
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.