William H. Stone and Cynthia J. Stone

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
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