IN RE MADISON
249 B.R. 751 (2000)
In re T.J. MADISON, Debtor.
Long Beach Acceptance Corp., Plaintiff,
City of Chicago, Defendant.
Bankruptcy No. 99 B 21571, Adversary No. 99 A 01375.
United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 27, 2000.
Esther E. Tryban Tesler, Assistant Corporation Counsel, Chicago, IL, for Plaintiff.
Kenneth B. Drost, Barrington, IL, for Defendant.
Erik A. Martin & Associates, Barrington, IL, for Debtor.
Tom Vaughn, Chapter 13 Trustee.
JACK B. SCHMETTERER, Bankruptcy Judge.
The City of Chicago ("Defendant") has moved to dismiss the Adversary Complaint brought by Long Beach Acceptance Corp., ("Plaintiff") for lack of subject matter jurisdiction, under Fed. R. Bankr.P. 7012 and Fed.R.Civ.P. 12(b)(1), and for failure to state a claim upon which relief may be granted, under Fed.R.Civ.P. 12(b)(6). For reasons stated that motion will be denied.
The following allegations are asserted in this Adversary Complaint.
On or around July 6, 1999, Defendant's Department of Streets and Sanitation towed a 1994 Cutlass Coupe ("the Vehicle") owned by Debtor T.J. Madison ("Debtor"), from the street outside Debtor's residence to its impound facility located at 4008 South Ashland, Chicago, Illinois. On or about July 9, 1999, Defendant's Department of Streets and Sanitation sent a notice to both Debtor and Plaintiff stating that it had impounded the Vehicle. The notice further specified that Debtor or Plaintiff had 15 days in which to reclaim the Vehicle, after which time the notice declared that Plaintiff would waive all rights to and interests in the Vehicle.
On July 9, 1999, Debtor filed a petition for bankruptcy relief under Chapter 13 of the United States Bankruptcy Code, Title 11 U.S.C. § 101 et seq. While failing to provide separate notice specifically to Defendant's Department of Streets and Sanitation, Debtor provided notice of the bankruptcy filing to Defendant's Parking Violations Bureau, to whom Debtor owed a debt for outstanding parking tickets.