Balancing the Automatic Stay

2 Pages Posted: 22 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

James Stillman

affiliation not provided to SSRN

Date Written: July 1, 2003


This article discusses a Ninth Circuit Bankruptcy Appellate Panel decision holding that purchasers at a trustee sale can successfully have the stay that originally prohibited the sale annulled if the court finds that the equities are in their favor.

Keywords: Trustee sale, retroactive annulment of a stay, retroactively annul, lift a stay, 40235 Washington St. Corp. v Lusardi, Fjelsted v Lien, In re Fjelsted

JEL Classification: K11

Suggested Citation

Bernhardt, Roger and Stillman, James, Balancing the Automatic Stay (July 1, 2003). Available at SSRN: or

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

James Stillman

affiliation not provided to SSRN

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