What authority does a state court have to order a foreclosure sale and eviction during the pendency of a bankruptcy?
federal, United States of America
The following excerpt is from In re Brooks, 79 BR 479 (B.A.P. 9th Cir. 1987):
The facts of Kalb v. Feuerstein, 308 U.S. 433, 60 S.Ct. 343, 84 L.Ed. 370 (1940), distinguish it from the authority cited above and the present case. In Kalb a state court allowed a foreclosure sale and eviction of the debtors during the pendency of the bankruptcy. This extreme situation is much more than a technical violation of a stay. It exceeded the authority of the
[79 BR 482]
state court and was void for that reason. It disrupted the ability of the debtors to reorganize and discharge their debts.
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