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IN ALL FORECLOSURE SALES, the Clerk of the Circuit Court is entitled to collect a fee and because of the increasing number of last minute bankruptcy filings, the following procedure will be implemented in Division A:
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If a foreclosure sale is set aside because of a bankruptcy filing, the Plaintiff will be held responsible for the Clerk’s fee for any sales if the bankruptcy was filed on or before 4 P.M. of the last working day preceding the sale. |
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If the bankruptcy is filed after 4 P.M. of the last working day preceding the sale, then the successful bidder at the sale will be responsible for the Clerk’s fee. |
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If the Plaintiff or any potential third party bidder discovers, prior to the sale, that a Defendant has filed bankruptcy, this Court will promptly entertain a Motion to Cancel Sale on an emergency basis. |
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In all instances where a bankruptcy has been filed, a party is prohibited from filing any motions, setting any hearings or filing any pleadings until an Order Lifting the Stay from the Bankruptcy Court has been issued. |
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