BATES v. WELLS FARGO BANK, N.A., CV 14-750-PHX-JAT. (2014)
Court: District Court, D. Arizona
Number: infdco20140624776
Visitors: 6
Filed: Jun. 20, 2014
Latest Update: Jun. 20, 2014
Summary: ORDER JAMES A. TEILBORG, Senior District Judge. The Court has reviewed the Defendant's supplement to the notice of removal. Doc. 22. The Court finds jurisdiction to have been alleged and will take no further action regarding jurisdiction without prejudice to Plaintiffs raising any jurisdictional issue they deem appropriate. The Court has received Defendant's notice that Plaintiffs' bankruptcy has been reinstated. Doc. 21. Generally, the automatic stay provisions of the bankruptcy code do not
Summary: ORDER JAMES A. TEILBORG, Senior District Judge. The Court has reviewed the Defendant's supplement to the notice of removal. Doc. 22. The Court finds jurisdiction to have been alleged and will take no further action regarding jurisdiction without prejudice to Plaintiffs raising any jurisdictional issue they deem appropriate. The Court has received Defendant's notice that Plaintiffs' bankruptcy has been reinstated. Doc. 21. Generally, the automatic stay provisions of the bankruptcy code do not a..
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ORDER
JAMES A. TEILBORG, Senior District Judge.
The Court has reviewed the Defendant's supplement to the notice of removal. Doc. 22. The Court finds jurisdiction to have been alleged and will take no further action regarding jurisdiction without prejudice to Plaintiffs raising any jurisdictional issue they deem appropriate.
The Court has received Defendant's notice that Plaintiffs' bankruptcy has been reinstated. Doc. 21. Generally, the automatic stay provisions of the bankruptcy code do not apply to proceedings initiated by the debtor, as is the case here. See Martin-Trigona v. Champion Federal Savings & Loan, 1988 WL 46596, *2 (N.D. Ill. 1988); In re Hill, 39 B.R. 894, 897 (Bkrtcy. Or., 1984).1 Therefore, this case is not stayed.
Finally, the Court is in receipt of Defendant's motion to continue the Rule 16 scheduling conference. Good cause having been shown,
IT IS ORDERED that the motion (Doc. 20) is granted. The Rule 16 scheduling conference is continued from August 6, 2014 to August 13, 2014 at 10:00 a.m.
FootNotes
1. But the cause of action is the property of the estate. Turner v. Cooke, 362 F.3d 1219, 1225-26 (9th Cir. 2004); Cusano v. Klien, 264 F.3d 936, 945 (9th Cir. 2001).
Source: Leagle
