Bank of Am. v. Williams

Citations

• 2017 Ohio 7166

Syllabus

United States Bankruptcy Code, Title 11 U.S.C., automatic stay 11 U.S.C. 362, equitable stay exception, lis pendens, R.C. 2703.26, res judicata. The trial court did not err in denying appellant's motion to stay the confirmation of sale in a foreclosure action. Transfer of partial ownership of the property to appellant's family member three years after the action was filed and one year after the judgment of foreclosure was governed by the doctrine of lis pendens, and the family member attempts to stay the sale by filing a petition of bankruptcy was properly denied. In addition, the bankruptcy petition was dismissed prior to the confirmation of sale decree, and the repetitive bankruptcy petition filings are sufficient to invoke the equitable exception doctrine to the automatic stay provision. Appellant's challenge to the underlying foreclosure is barred by the doctrine of res judicata.