In re Freeland (25-10572)
Order Denying Debtor’s Motion to Enforce Automatic Stay, to Declare Post-Petition Sale Void, and for Sanctions Under 11 U.S.C. § 362(k). The Court denied pro se Debtor’s motion to enforce the automatic stay, void a post-petition foreclosure sale, expunge state-court filings, and impose sanctions. Debtor filed chapter 7 approximately 95 minutes before a scheduled foreclosure sale and emailed notice to prior counsel, who forwarded it to current counsel only four minutes before the sale. Because the sale occurred post-petition but before expiration of North Carolina’s ten-day upset-bid period, it was automatically of no effect under state law and the Court did not need to enter an order declaring the sale void. Although the sale may have violated the stay, the Court found no willful violation because Creditor lacked timely notice and promptly took necessary steps to remedy any violation the next day. Even if Creditor had willfully violated the stay, Debtor presented no evidence of attorney’s fees or other damages.