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In re ABC-NACO, Inc.
July 1, 2003
In re UAL Corporation
April 16, 2003
In re UAL Corporation
March 27, 2003

Judge Jacqueline P. Cox

02 B 41591

Tax sale purchaser obtained a tax deed for property owned by the debtor and transferred the tax deed to a land trust for the benefit of a third party. The debtor’s interest was not recorded. The third party used this interest to secure a loan with a finance company. The finance company moved under 11 U.S.C. § 362(d) to annul the automatic stay in the debtor’s chapter 13 case for “cause” in order to validate the tax deed that was issued while the stay was in effect. The court held that: (1) as the holder of both the legal and equitable title to the real estate, the debtor had a property interest that became part of her bankruptcy estate in spite of the fact that her legal interest had not been recorded until 2 years after the pendency of a prior chapter 13 case; (2) the filing of the application for an order issuing the tax deed by the tax sale purchaser and the issuance of the tax deed were willful violations of the automatic stay because the tax purchaser knew of the debtor’s unrecorded interest due to her efforts to negotiate with the tax purchaser; and (3) that equity did not clearly favor annulment of the automatic stay.

Judge Jack B. Schmetterer

Judge A. Benjamin Goldgar

02 B 48045

Judge Pamela S. Hollis

02 B 42557

Mortgage deficiency judgment liens were avoided despite 11 USC 522(f)(2)(C), since deficiency judgments do not arise "out of a mortgage foreclosure."

Judge Carol A. Doyle