Joseph Llewellyn Worrell v. Emigrant Mortgage Company, et al.
Whether the "prepetition status quo ante " requirement of the bankruptcy dismissal statute, 11 U.S.C. § 349(b)(3), extinguishes unapproved postpetition sale(s) to unwind the case and revest the estate in the debtor. Thereby precluding such sales from confirmation without the bankruptcy court 's exclusive approval, even four years post-dismissal.
2. Does the modern-day Servicemembers Civil Relief Act (SCRA-2003), 50 U.S.C. §§ 3901 et. seq., mandate a statutory or judicial stay, if requested under the circumstances present in this case.
b. Does immediate dismissal of a properly filed Chapter 13 petition without § 1307(c) prerequisite notice, after the debtor is recalled to Active Duty, lift the automatic stay, even if no stay for military service exists.
Lastly, is an enforceable mortgage lien created merely by signing mortgage documents six days before executing the underlying promissory note. And if so, how long can such federally regulated uniform residential instruments of security survive, apart from a sufficiently executed predicate note.
Whether the 'prepetition status quo ante' requirement of the bankruptcy dismissal statute extinguishes unapproved postpetition sales