1. Foreclosure Auction Delayed by Repeated Chapter 13 Suggestions With No PACER Case

[Vlad Vanziak]

Hi everyone,

I’m dealing with a foreclosure-related situation in Lee County, Florida, and I would appreciate any insight from those who have experience with similar cases.

I purchased a property at a foreclosure auction. The auction was completed, and later the same day, a Suggestion of Bankruptcy (Chapter 13) was filed in the foreclosure case. Based on the timeline, the filing appears to have occurred approximately 30 minutes after the auction concluded, although the document itself reflects a filing date of one day earlier.

As of today, 45 days have passed since the auction, and I have not received the Certificate of Title. I have checked PACER repeatedly, and I am unable to locate any active or pending Chapter 13 bankruptcy case associated with the defendant. I also contacted a Chapter 13 bankruptcy attorney, and no confirmed filing could be identified.

I spoke with the plaintiff’s attorney, who indicated they are “waiting for documentation,” but it is unclear what specific documentation is being awaited, as no bankruptcy case number has been provided.

I should also note that this is the second time this has occurred in this foreclosure matter. The original auction was scheduled for August 14, and at that time a Suggestion of Bankruptcy (Chapter 13) was also filed by the defendant, which resulted in the auction being postponed. However, no corresponding bankruptcy case ever appeared in PACER after that filing either.

Now, following the rescheduled auction, the same scenario has occurred again — another Suggestion of Bankruptcy was filed, yet no Chapter 13 case can be located in PACER.

My questions are:

• How long can a situation like this realistically delay the issuance of the Certificate of Title?

• Is it standard practice to wait indefinitely for confirmation of a bankruptcy filing when no federal case appears in PACER?

• At what point should the court either proceed with issuing the Certificate of Title or return the purchaser’s funds if no bankruptcy case exists?

I am not trying to rush improperly or violate any automatic stay. I am simply trying to understand what practical steps a purchaser can take to either move the process forward or recover funds when repeated bankruptcy suggestions are filed without any identifiable federal bankruptcy case.

Any insight or shared experience would be greatly appreciated.

[Ken M.]

Quote from @Vlad Vanziak:

@Chris Seveney i don't have my personal attorney, i. spoke with  Lienholder attorney . They said - they waiting for some paperwork. 

Never rely on the opposing attorney's opinion.