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McKeen v. Federal Deposit Ins. Corp.

The county violated the debtor's automatic stay in bankruptcy by filing a notice of levy for outstanding property taxes and advertising the debtor's property for sale without seeking a stay of relief from the bankruptcy court.

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On March 10, 1988, Rogers L. Tucker purchased property in Troup County, Georgia and executed a note secured by a deed in favor of Fulton Federal Savings Association “Fulton Federal” to partially finance the purchase of the property. The deed was recorded in the official deed records of the Clerk of the Superior Court of Troup County. In 1989, Fulton Federal was placed in the receivership of the Federal Deposit Insurance Corporation “FDIC”, from which Nationsbank acquired the property.

On April 26, 1993, Tucker filed a Chapter 13 petition for bankruptcy. The Troup County Tax Commissioner’s Office “Troup County” filed a proof of claim in the bankruptcy court. However, without seeking relief from the bankruptcy court, Troup County filed a notice of levy on the property for uncollected property taxes and advertised the property for sale. Troup County sent notification of the levy and sale to Tucker, but not to FDIC, Fulton Federal, or Nationsbank. On June 29, 1994, the bankruptcy court dismissed Tucker’s case. Six days later, the Troup County Sheriff sold the property to Lamar McKeen and the deed was recorded by the Clerk of the Superior Court of Troup County.

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