In Re James G Maxwell

I. Introduction

On July 22, 2019, James G. Maxwell, Debtor and Appellant (“Maxwell” or “Appellant”), filed a petition under Chapter 13 of the Bankruptcy Code (the “Petition”). Appellant’s Excerpts of Record (Dkts. 16, 16- 1, 16-2 (“EOR”)) at 1.1 Maxwell held an interest in the real property where he resided; it is located at 1701 Via Zurita, Palos Verdes Peninsula, California, 90274 (the “Property”). Id. at 1. The Petition was filed on July 22, 2019 at 10:28 a.m., and a fax receipt shows notice of its filing was transmitted by fax at 10:41 a.m. Id. at 81, 86. A foreclosure sale on the Property was scheduled for that same day at 11:00 a.m. Id. at 83. At that sale, Appellee, Magnum Property Investments, LLC (“Magnum” or “Appellee”), through its bidding agent, Strategic Acquisitions, Inc., purchased the Property. Id. at 29.

On July 24, 2019, Appellee Magnum filed a motion for relief from the automatic stay, and to annul or in the alternative, an order declaring that no stay is in effect (“Motion”). Id. at 3, 9-71. A hearing on the Motion was scheduled for August 20, 2019. Id. at 3. Prior to the hearing that day, the bankruptcy court published a tentative ruling granting the…