The amount of the upset price is set by the pursuing creditor. In the absence of a bid, the creditor is automatically declared the successful bidder at this amount.
If the amount of the reserve price is clearly insufficient, the debtor may apply to the court to set a reserve price in line with the market value of the property and market conditions. However, in the absence of a bid, the debtor may only be declared the successful bidder for the initial reserve price.