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Posted Jan 28th, 2012
A church in DE has filed a Chapter 7 bankruptcy, a sheriff's sale is scheduled. Can the Debtor file
a motion to dismiss and bid at the sheriff sale?



Legal Topic Area: Bankruptcy in DE

I'm not sure if I understand the facts, is the sheriff sale that his scheduled part of the chapter 7 bankruptcy or part of a mortgage foreclosure? The debtor can always file a motion to dismiss his chapter 7 bankruptcy petition, at which point they would be able to bid at the sheriff sale. But generally if the property has already been attached by the chapter 7 bankruptcy trustee, all funds from all bank accounts have generally been taken prior to this point. My point being, if you were to bid as sheriff sale after the chapter 7 bankruptcy trustee has taken all your bank account funds; that is direct proof that you have fraudulently filled out your chapter 7 bankruptcy forms and possible criminal charges will be brought against the appropriate parties.


I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.

Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.

Joseph F. Botelho, Esq.

BOTELHO & ASSOCIATES, LLC
Attorneys At Law

www.massachusettslawyeronline.com


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Fall River, MA 02724

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Answered on Feb 3rd, 2012 at 2:36pm