Holding: all of the facts and circumstances demonstrate that the Delgados did not really care about avoiding any possible violation of the automatic stay, but rather sought to use the automatic stay as a sword rather than as a shield, in order to seek a large compensatory and punitive damage award. Based on all of these factors and all of the facts and circumstances, the Court concludes Hacienda is entitled to nunc pro tunc annulment of the automatic stay, effective as of the date of the filing of the case. Indeed, the day the bidding occurred, December 27, was the day the bankruptcy case should have been dismissed, within 7 days of the date of the filing of the bankruptcy petition pursuant to Local Rule of Bankruptcy Procedure 1007-1. the Court concludes that the Delgados shall take nothing by their complaint pursuant to Bankruptcy Code § 362(k), Hacienda is entitled to retroactive stay relief nunc pro tunc to the date of the petition, and all parties shall bear their own costs and attorneys’ fees.

Memorandum Decision

Holding: the Court concludes that the Plaintiff has satisfied its duty under Fed. R. Civ. P. 12(b)(6) and 9(b), incorporated into this Adversary Proceeding as a result of Bankruptcy Rules 7012 and 7009, to state a claim upon which relief may be granted and has stated with particularity the allegations surrounding the alleged fraud. The Court has cited to relevant case law that provides a basis for the particular facts alleged to be considered fraud, though still recognizing that certain cases cited by this Court are not binding, but merely provide persuasive authority. Because Plaintiff has met its burden under Fed. R. Civ. P. 12(b)(6) and 9(b), the Court denies the Defendants’ Motion to Dismiss.

Holding: The Court concludes that the Property is property of the estate pursuant to Section 541, Subsections (a)(5) and (a)(1). Therefore, the Court will grant the Trustee’s Motion to Sell the Property free and clear of liens. The Trustee is directed to submit an appropriate form of order incorporating this decision, granting the Motion to Sell the Property free and clear of liens, and overruling the Debtors’ Objection thereto.