IN RE BENSON

No. 03-00360-PHX-RJH.

293 B.R. 234 (2003)

In re Denise Michelle BENSON, Debtor. Capital Realty Services, LLC, Movant, v. Denise Michelle Benson, Respondent.

United States Bankruptcy Court, D. Arizona.

May 21, 2003.


Attorney(s) appearing for the Case

Donald W. Powell, Carmichael & Powell, P.C., Phoenix, AZ, for Debtor.

Howard C. Meyers, Burch & Cracchiolo, P.A., Phoenix, AZ, for Capital Realty Services, LLC.


OPINION DENYING MOTION FOR RELIEF FROM STAY

RANDOLPH J. HAINES, Bankruptcy Judge.

When is a trustee's sale complete?

The issue is whether the automatic stay prevents the payment of the bid price by the successful bidder at a trustee's sale, when the bankruptcy case is filed after the fall of the hammer at the trustee's sale but prior to payment of the bid price. If the automatic stay does prevent payment of the bid price, does that mean the Debtor...

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