Does a foreclosure trustee's execution and delivery of a trustee's deed after the bankruptcy filing constitute ministerial acts within the meaning of the Bankruptcy Code?
The following excerpt is from Wilmington Sav. Fund Soc'y, FSB v. Fairbanks (In re Fairbanks), Bk. 3:20-bk-42304-BDL, WW-21-1019-FBS (B.A.P. 9th Cir. 2021):
The bankruptcy court orally ruled that the foreclosure trustee's execution and delivery of the trustee's deed after the bankruptcy filing "involved the exercise of considerable discretion" and were therefore not ministerial acts within the meaning of the Bankruptcy Code. The court also declined to grant retroactive annulment of the automatic stay after considering the factors set forth in Fjeldsted v. Lien (In re Fjeldsted), 293 B.R. 12 (9th Cir. BAP 2003).
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