ARMBRUST v. SA-ENC OPERATOR HOLDINGS, LLC, 2:14-cv-55-FtM-38CM. (2015)
Court: District Court, M.D. Florida
Number: infdco20150624a61
Visitors: 11
Filed: Jun. 23, 2015
Latest Update: Jun. 23, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Defendant, SA-ENC Fort Myers, LLC d/b/a Citrus Gardens of Fort Myers Suggestion of Bankruptcy ( Doc. #51 ) filed onJune 22, 2015. The Defendant Citrus Gardens filed a voluntary petition for relief under Chapter 11 pursuant to the United States Bankruptcy Code, 11 U.S.C 101-1532. By operation of Title 11 U.S.C. 362, the above-styled action is stayed as to the Defendant, Citrus Gardens of Fort My
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on the Defendant, SA-ENC Fort Myers, LLC d/b/a Citrus Gardens of Fort Myers Suggestion of Bankruptcy ( Doc. #51 ) filed onJune 22, 2015. The Defendant Citrus Gardens filed a voluntary petition for relief under Chapter 11 pursuant to the United States Bankruptcy Code, 11 U.S.C 101-1532. By operation of Title 11 U.S.C. 362, the above-styled action is stayed as to the Defendant, Citrus Gardens of Fort Mye..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Defendant, SA-ENC Fort Myers, LLC d/b/a Citrus Gardens of Fort Myers Suggestion of Bankruptcy (Doc. #51) filed onJune 22, 2015. The Defendant Citrus Gardens filed a voluntary petition for relief under Chapter 11 pursuant to the United States Bankruptcy Code, 11 U.S.C §§101-1532.
By operation of Title 11 U.S.C. § 362, the above-styled action is stayed as to the Defendant, Citrus Gardens of Fort Myers. Title 11 U.S.C. § 362 stipulates that an automatic stay is created upon the filing of any bankruptcy petition. See Ellison v. Northwest Eng'g Co., 707 F.2d 1310, 1311 (11th Cir.1983). The purpose of the stay is "to give the debtor a breathing spell from his creditors." Id.
Accordingly, it is now
ORDERED:
(1) This case is STAYED as to the Defendant, SA-ENC Fort Myers, LLC d/b/a Citrus Gardens of Fort Myers pending the resolution of the bankruptcy proceedings.
(2) The Clerk is directed to place a stay flag on the docket.
(3) The Plaintiff is directed to inform the Court in writing when the bankruptcy proceedings are completed and the stay may be lifted.
DONE and ORDERED.
FootNotes
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Source: Leagle
