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TITLE RESOURCES GUARANTY COMPANY v. AMERICAN TITLE SERVICES COMPANY, 14-cv-0366-RM-BNB. (2014)

Court: District Court, D. Colorado Number: infdco20140321a30 Visitors: 11
Filed: Mar. 20, 2014
Latest Update: Mar. 20, 2014
Summary: ORDER RAYMOND P. MOORE, District Judge. This matter is before the court on review of the "Advise of Bankruptcy Filing" filed by Defendant American Title Services Company on March 17, 2014. (ECF No. 33.) According to this advisement, on March 12, 2014, Defendant American Title Services Company filed for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Colorado. Therefore, Section 362 of the United States Bankruptcy Code appli
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ORDER

RAYMOND P. MOORE, District Judge.

This matter is before the court on review of the "Advise of Bankruptcy Filing" filed by Defendant American Title Services Company on March 17, 2014. (ECF No. 33.) According to this advisement, on March 12, 2014, Defendant American Title Services Company filed for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Colorado. Therefore, Section 362 of the United States Bankruptcy Code applies with respect to Defendant American Title Services Company and the property of this party. 11 U.S.C. § 1520(a). Section 362(a) of the Bankruptcy Code provides

Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or . . . operates as a stay, applicable to all entities, of (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title. * * * (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate. . . .

Title 11 U.S.C. § 362(a). Accordingly, the bankruptcy precludes continuing this litigation with respect to Defendant American Title Services Company.

It is therefore ORDERED that all proceedings against Defendant American Title Services Company are STAYED unless and until relief from the automatic stay in Bankruptcy Case No. 14-12894-SBB is granted.

Defendant American Title Services Company is ORDERED to file a status report in this case within ten days of any relief from stay in the bankruptcy case.

Source:  Leagle

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