Bank of America National Trust & Savings Ass'n v. Virginia Hill Partners I (In Re Virginia Hill Partners I)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[I]f the moving party desires confirmation of the foreclosure and allowance of a deficiency claim, it must be initiated in this court.”
• “The Georgia confirmation proceeding is designed to protect a debtor from a deficiency judgment when the nonjudicial foreclo sure sale brings less than the property’s fair market value.”
• “In the alternative, the moving party would be required to seek further relief from the automatic stay before commencing a confirmation of the foreclosure sale in the state court.”
• “[U]nless the stay relief order clearly provides otherwise, the determination and allowance of claims, deficiency or otherwise, against the debtor or its estate in the pending bankruptcy case remain within the exclusive jurisdiction of the bankruptcy court.”

Source: CourtListener parenthetical corpus (CC0).