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Zarour v. U.S. Bank N.A.

Bankruptcy Court's Dismissal of Adversary Proceeding Against Bank Is Upheld, Explained

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OPINION & ORDER This pro se appeal arises from the Bankruptcy Court’s April 7, 2022 order (ECF No. 1, Exh. A, hereinafter “Bankruptcy Court Order”) dismissing Appellant Simon Zarour’s (“Zarour” or “Appellant”) adversary proceeding against U.S. Bank, N.A. (“Appellee” or “U.S. Bank”) in the Southern District of New York, Case No. 22-7004, which arose in connection with an underlying Chapter 11 bankruptcy proceeding in the Southern District of New York, Case No. 18-22380.1 In the Bankruptcy Court’s Order, the Bankruptcy Court granted U.S. Bank’s motion to dismiss the adversary proceeding under Fed. R. Bankr. P. 7012, which dismissed with prejudice Zarour’s claims that U.S. Bank engaged in fraud against the court and violated an automatic stay under 11 U.S.C. §362(a); the order dismissed other related claims as well. (See Bankruptcy Court Order). Zarour had raised these claims after U.S. Bank claimed that it had rights over certain lots on Zarour’s property at issue, moved to lift the automatic stay on Zarour’s property, and began a quiet title action in New Jersey state court. (See Amended Adversary Compl., Case No. 22-7004, ECF No. 8-4, at

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