Legal Question in Bankruptcy in California

I recently filed an emergency chapter 7 bankruptcy to stop a lien sale on a storage unit. The sale was scheduled for 10/15/13 10:30 am. I filed the petition at 9:20 am on 10/15/13 and informed the storage complex that I was bring the petition to stop the sale. I arrived at 10:32 they told me that the sale started early and that my unit had been sold . I showed them the petition and asked them to void the sale, they refused.

I would like to know if they acted appropriately and what is my recourse if they did not.

Asked on 10/29/13, 10:56 am

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

A motion in the bankruptcy court can void the sale and hold the entity that conducted the sale in contempt. You may also need to add the buyer(s) at the lien sale as creditors of the bankruptcy. Many bankruptcy courts have departments that can provide assistance. In your case, it would be a good idea to talk to an attorney, particularly if the sold property was valuable.

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Answered on 11/04/13, 11:22 am

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