In re Kevin Lamar Mccormick (Ch. 13 Case No. 25-70188-JTL, Adv. Case No. 25-7004)
This matter came before the Court on the Defendant’s motion to dismiss this adversary proceeding under Federal Rules of Bankruptcy Rule 7012 and, by incorporation, Federal Rule of Civil Procedure Rule 12(b)(6). The Defendant argued that its failure to remove a newspaper and online advertisement of the foreclosure of the Plaintiff’s property did not violate the automatic stay under 11 U.S.C. § 362(a)(3). The Court, partially relying on the Supreme Court’s recent opinion in City of Chicago, Illinois. v. Fulton, 592 U.S. 154 (2021), agreed with the Defendant and dismissed the Plaintiff’s adversary proceeding.
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Monday, June 9, 2025