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Smith v. Shoma Homes At Nautica Single Family (22-CV-61931-RKA) Posted 12/27/2022

Marisa Chanile Smith, pro se, has filed an appeal of a bankruptcy order that annulled the automatic stay and allowed a foreclosure sale to proceed. Smith says that the foreclosure sale of her primary residence was scheduled (by the state court) for August 24, 2022, and that the sale was cancelled and rescheduled for an earlier day—June 14, 2022—without a court order. On June 14, then, two things happened: Smith’s property was sold at foreclosure, and she filed her Chapter 13 petition. Smith says that, based on the timing of the filings, her property was part of the bankruptcy estate before the foreclosure sale was finalized, so the sale should have been abated under the automatic bankruptcy stay. The appellee, Shoma Homes, argued to the bankruptcy court that it was entitled to relief from the stay (and to proceed with the foreclosure sale) because Smith had filed her petition in bad faith. The bankruptcy court agreed with Shoma Homes and annulled the automatic stay, retroactive to the date of the foreclosure sale. Smith moved for reconsideration, which the bankruptcy court denied. She now appeals the bankruptcy court’s annulment of the stay. Smith filed her brief on December 15, 2022, and Shoma Homes’s brief is due on January 17, 2023. If interested, please email