GMAC is in bankruptcy (in SDNY, I think). I live in Texas.
GMAC's got an order for judicial foreclosure (i.e., permission to post my home for foreclosure).
I don't want to file anything in the bankruptcy court, but I also don't want to violate the automatic stay.
1. If I seek a TRO that only stops a foreclosure but does nothing to void the lien or note, am I in violation of GMAC's automatic stay?...or does even this limited TRO count as "an act to exercise control over property of the estate" (i.e., the bank's contractual property right to foreclose)?
2. In Texas, does the local guy who is supposed to conduct the foreclosure sale count as GMAC?...or is he considered a separate entity for automatic stay purposes? If he counts as a separate entity, should I get a TRO against only the local "substitute trustee"?
GMAC's got an order for judicial foreclosure (i.e., permission to post my home for foreclosure).
I don't want to file anything in the bankruptcy court, but I also don't want to violate the automatic stay.
1. If I seek a TRO that only stops a foreclosure but does nothing to void the lien or note, am I in violation of GMAC's automatic stay?...or does even this limited TRO count as "an act to exercise control over property of the estate" (i.e., the bank's contractual property right to foreclose)?
2. In Texas, does the local guy who is supposed to conduct the foreclosure sale count as GMAC?...or is he considered a separate entity for automatic stay purposes? If he counts as a separate entity, should I get a TRO against only the local "substitute trustee"?
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