§ 45-21.22. Procedure upon dissolution of order restraining or enjoining sale, or upon lifting of automatic bankruptcy stay. - North Carolina Statutes

§45‑21.22.  Procedure upon dissolution of order restraining or enjoiningsale, or upon lifting of automatic bankruptcy stay.

(a)        When, before thedate fixed for a sale, a judge dissolves an order restraining or enjoining thesale, he may, if the required notice of sale has been given, provide by orderthat the sale shall be held without additional notice at the time and placeoriginally fixed therefor, or he may, in his discretion, make an order withrespect thereto as provided in subsection (b).

(b)        When, after thedate fixed for a sale, a judge dissolves an order restraining or enjoining thesale, he shall by order fix the time and place for the sale to be held uponnotice to be given in such manner and for such length of time as he deemsadvisable.

(c)        When, after theentry of any authorization or order by the clerk of superior court pursuant toG.S. 45‑21.16 and before the expiration of the 10‑day upset bidperiod, the foreclosure is stayed by the debtor filing a bankruptcy petitionand thereafter the stay is lifted, the trustee or mortgagee shall not berequired to comply with the provisions of G.S. 45‑21.16, but shalladvertise and hold the sale in accordance with the provisions of G.S. 45‑21.16A,45‑21.17, and 45‑21.17A. (1949, c. 720, s. 1; 1993, c.305, s. 13.)