Document Type
Case Summary
Publication Date
8-3-2017
Case Synopsis
If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the Home Owners Association (HOA) as a creditor, the HOA cannot violate the automatic stay imposed by the bankruptcy and sell the property. If the property is sold in violation of the automatic stay, the sale is invalid. Under Ninth Circuit law, the sale is void ab initio while the Fifth Circuit holds that these types of sales are voidable, but can be approved by the bankruptcy court.
Recommended Citation
Lemay, Wesley Jr., "LN Mgmt. LLC Series 5105 Portraits Place v. Green Tree Loan Servicing LLC, 133 Nev. Adv. Op. 55 (Aug. 03, 2017)" (2017). Nevada Supreme Court Summaries. 1073.
https://scholars.law.unlv.edu/nvscs/1073