No. 25A1056

Marisa Chanile Smith v. Shoma Homes at Nautica Single Family

Lower Court: Eleventh Circuit
Docketed: 2026-03-24
Status: Application
Type: A
Tags: adversary-proceeding automatic-stay bankruptcy-procedure chapter-13-bankruptcy junior-lienholder lien-priority
Latest Conference: N/A
Question Presented (from Petition)

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).

Question Presented (AI Summary)

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

Docket Entries

2026-03-25
Application (25A1056) granted by Justice Thomas extending the time to file until April 16, 2026.
2026-03-17
Application (25A1056) to extend the time to file a petition for a writ of certiorari from March 17, 2026 to May 16, 2026, submitted to Justice Thomas.

Attorneys

Marisa Chanile Smith
Marisa Chanile Smith — Petitioner