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Bankruptcy Keyed to Bussel, 12th Ed.
In re Soares
Citation:
107 F.3d 969 (1997)Facts
In 1990, Napoleon G. Soares purchased a home in Brockton, Massachusetts, executing a $70,000 promissory note to Brockton Credit Union (BCU) secured by a first mortgage on the property. After sustaining injuries in a motorcycle accident, Soares fell behind on his payments, prompting BCU to commence foreclosure proceedings in state court. On March 24, 1995, Soares filed for bankruptcy protection, triggering the automatic stay. Although Soares immediately notified BCU of the filing, neither party informed the state court. On April 10, the state court issued a default order and later authorized a foreclosure judgment, all while the automatic stay was in effect. BCU subsequently obtained relief from the automatic stay from the bankruptcy court without mentioning the previously obtained state court judgment. After Soares missed additional payments, BCU conducted a foreclosure sale. When Soares challenged the foreclosure, BCU sought and obtained retroactive relief from the automatic stay from the bankruptcy court, which validated the previously void state court judgment.
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