Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
map

In response to a motion for relief from the automatic stay, Debtor contended that the bankruptcy petition filed on his behalf by a third person pursuant to a power of attorney given orally was filed prior to the foreclosure sale, making the foreclosure sale a nullity. HELD: (1) the bankruptcy petition was filed after the auction, and (2) without reaching the issue of whether a bankruptcy case could be instituted pursuant to a power of attorney, a written power of attorney is required to constitute a third party an attorney in fact.

Entered: 
2005-09-12
Case: 
05-12022
Judge: 
Paul Mannes