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The Northern District of West Virginia offers a database of opinions beginning in 2006, listed by year and judge.

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Honorable David L. Bissett

Johnson v. Struebing (In re Russell), Adv. No. 24-ap-10 (Bankr. N.D.W. Va. July 19, 2024)
Date: 07/19/2024

The court grants Defendants’ motions to dismiss on Plaintiff’s complaint attempting to avoid a post-petition foreclosure sale of property of the estate. The court determined that § 362(c)(4) satisfied the “authorization” component necessary to defeat the Plaintiff’s complaint seeking relief under § 549(a) of the Bankruptcy Code. Additionally, the court held that although the bankruptcy estate retained an interest in the property, the estate’s interest was in any excess proceeds resulting from a valid foreclosure sale.