Kennedy v. Client Services, Inc., 3:19-cv-1274-BEN-AGS. (2019)
Court: District Court, N.D. California
Number: infdco20190906520
Visitors: 11
Filed: Sep. 03, 2019
Latest Update: Sep. 03, 2019
Summary: ORDER DENYING PLAINTIFF'S MOTION TO STAY [Doc. 9] ROGER T. BENITEZ , District Judge . Plaintiff Edgar Kennedy moves under 11 U.S.C. 362 to stay proceedings in this Fair Debt Collection Practices Act matter because of his Chapter 7 bankruptcy filing. Under 362(a), subject to limited exceptions, the filing of a petition for bankruptcy automatically stays various acts and proceedings against a debtor and against the property of the estate. Here, however, the action is not against the de
Summary: ORDER DENYING PLAINTIFF'S MOTION TO STAY [Doc. 9] ROGER T. BENITEZ , District Judge . Plaintiff Edgar Kennedy moves under 11 U.S.C. 362 to stay proceedings in this Fair Debt Collection Practices Act matter because of his Chapter 7 bankruptcy filing. Under 362(a), subject to limited exceptions, the filing of a petition for bankruptcy automatically stays various acts and proceedings against a debtor and against the property of the estate. Here, however, the action is not against the deb..
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ORDER DENYING PLAINTIFF'S MOTION TO STAY
[Doc. 9]
ROGER T. BENITEZ, District Judge.
Plaintiff Edgar Kennedy moves under 11 U.S.C. § 362 to stay proceedings in this Fair Debt Collection Practices Act matter because of his Chapter 7 bankruptcy filing. Under § 362(a), subject to limited exceptions, the filing of a petition for bankruptcy automatically stays various acts and proceedings against a debtor and against the property of the estate. Here, however, the action is not against the debtor or the estate because it is Plaintiff who has filed for bankruptcy. See In re Merrick, 175 B.R. 333 (9th Cir. BAP 1994) ("It is clear that § 362 does not stay the hand of the trustee from continuing to prosecute a pre-bankruptcy lawsuit instituted by the debtor."); In re Mitchell, 206 B.R. 204, 212 (Bankr. C.D. Cal. 1997) ("Section 362 stay does not apply where, as here, the debtor is the plaintiff in a lawsuit."). The motion to stay is DENIED.
IT IS SO ORDERED.
Source: Leagle
