[CLBS] Possible Stay violation

[grewal at ghslawoffice.com]

Listmates – On March 9, 2020, I filed a Chapter 13 on behalf of a client who
had a pending foreclosure.  The arrearages are paid through the 100% Plan
and the regular post-petition payments are being made outside the plan and
are current.  Since the filing the debtors have received at least 2  notices
entitled “Notice of Postponed Trustee’s Sale”, each one continuing the
Trustee’s sale for a few weeks.  There is no local counsel involved.  Each
time the debtors receive one of these notices they get distressed.  The plan
is not yet confirmed.  Confirmation hearing is set for early May, 2020.

 

Question:  Are these notices not a violation of the Automatic Stay?  Can the
notices continue because the plan is not yet confirmed?  Also, is there not
some sort of moratorium on foreclosures due to covid-19?

 

Thanks in advance for your help.

 

Savi Grewal

LAW OFFICES OF SAVI GREWAL

PO Box 3013

Coeur d’Alene, Idaho  83816-3013

Tel:  208-765-9404

Fax:  208-777-2624

Email:  grewal at ghslawoffice.com <mailto:grewal at ghslawoffice.com>  

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