Legal Question in Bankruptcy in New York
In a bankruptcy case, can a stawking horse bidder withdraw their bid at the last day before auction if there is no other certified bidders?
1 Answer from Attorneys
If you file a Chapter 7 Petition in Bankruptcy or a Chapter 13 Petition in Bankruptcy (which are the available bankruptcy types for individuals), then almost all creditors will be prohibited from seeking to collect a debt or debt obligation due to the bankruptcy Automatic Stay provisions of Section 362 of the Bankruptcy Code. Therefore, if you were involved in a bidding process wherein you placed a bid on a horse and then filed a petition in Bankruptcy, unless fraud is alleged, you will be protected from any debt obligation even if you withdraw your bid. If your question relates to a Chapter 11 case, then you may be liable for the bid.
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