Tobyhanna Army Depot Federal Credit Union, Appellant v. Monroe County Tax Claim Bureau and Mt. Pocono Enterprises, 30 A.3d 1246

Summary

The credit union said the sale should be set aside because the property's owner filed for bankruptcy, staying any proceeding to obtain possession of the property, under 11 U.S.C.S. 362. The appellate court held the purchaser was entitled to judgment on the pleadings because (1) the credit union did not seek to set aside the judicial sale within the limitations period in 42 Pa.C.S. § 5522(b)(5), and (2) the credit union did not show extraordinary circumstances giving it standing to assert the property owner's automatic bankruptcy stay to contest the sale's validity.