SunTrust sought to have the confirmation order revoked because the debtor included real property in her schedules and plan despite the fact that a foreclosure sale was completed prior to the debtor’s filing, thereby extinguishing her property rights.  SunTrust also requested relief from the automatic stay.  The debtor responded, arguing that the foreclosure sale was not completed prior to the bankruptcy filing as no memorandum of sale was executed. 

            “By the thinnest of margins,” the court found that the necessary circumstances sufficient to challenge the confirmation order were not present.  Further, the court found that, even though there is case law providing that the debtor’s house did not become property of the estate, she still had a possessory interest in the real estate and the right to challenge the viability of the foreclosure sale.  As a condition of the stay remaining in effect as to her principal residence, the court required the debtor to tender all payments due to SunTrust and the chapter 13 trustee pursuant to her confirmed chapter 13 plan within thirty days of the date of the opinion or SunTrust would be granted relief from the automatic stay.