Legal Question in Bankruptcy in West Virginia

was a stay valid if case was dismissed

An individual files for bankruptcy and does not put the County Tax Office (which the individual owes delinquent property taxes) down on the list of creditors. The Tax Office sells the tax lien to this individuals property at their annual tax sale which took place during the automatic stay. The bankruptcy case was dismissed by the Judge 2 weeks after the tax sale. Was this tax sale valid since the Tax Office had no idea of the bankruptcy? Would the fact that the bankruptcy was dismissed make the stay a non issue?


Asked on 2/19/04, 10:44 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: was a stay valid if case was dismissed

If you can redeem and you want to retain the property, you should do so and avoid the issue. The rule is, that all actions by a creditor to collect are void. The dismissal will not, per se, validate a void action. The matter of taxes may enjoy a different status than ordinary creditors and would require research for a definite answer. You should see a bankruptcy lawyer.

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Answered on 2/20/04, 4:57 pm


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