Marisa Chanile Smith v. Shoma Homes at Nautica Single Family
Whether a junior lienholder, after obtaining relief from the automatic stay under 11 U.S.C. § 362, may proceed with foreclosure without first initiating an adversary proceeding to adjudicate the validity, priority, and extent of competing liens as required by Federal Rule of Bankruptcy Procedure 7001(2) and recognized as a core proceeding concerning "determinations of the validity, extent, or priority of liens" under 28 U.S.C. § 157(b)(2)(K).
Whether a junior lienholder must initiate an adversary proceeding under Federal Rule of Bankruptcy Procedure 7001(2) to adjudicate the validity, priority, and extent of liens before proceeding with foreclosure on a debtor's property after obtaining relief from the automatic stay in a Chapter 13 bankruptcy case