McSWAIN v. AIR & LIQUID SYSTEMS CORPORATION, 1:15-cv-00130-MR-DLH. (2016)
Court: District Court, W.D. North Carolina
Number: infdco20160216a87
Visitors: 5
Filed: Feb. 12, 2016
Latest Update: Feb. 12, 2016
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Notice of Bankruptcy and Automatic Stay of Proceedings filed by the Defendant Sepco Corporation. [Doc. 149]. The Defendant Sepco Corporation has filed a notice with the Court indicating that it has filed a voluntary bankruptcy petition under Chapter 11 of the United States Bankruptcy Code on January 14, 2016. It is well-settled that "[w]hen litigation is pending against the debtor at the time a bankruptcy ca
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Notice of Bankruptcy and Automatic Stay of Proceedings filed by the Defendant Sepco Corporation. [Doc. 149]. The Defendant Sepco Corporation has filed a notice with the Court indicating that it has filed a voluntary bankruptcy petition under Chapter 11 of the United States Bankruptcy Code on January 14, 2016. It is well-settled that "[w]hen litigation is pending against the debtor at the time a bankruptcy cas..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Notice of Bankruptcy and Automatic Stay of Proceedings filed by the Defendant Sepco Corporation. [Doc. 149].
The Defendant Sepco Corporation has filed a notice with the Court indicating that it has filed a voluntary bankruptcy petition under Chapter 11 of the United States Bankruptcy Code on January 14, 2016. It is well-settled that "[w]hen litigation is pending against the debtor at the time a bankruptcy case is commenced, the litigation is stayed automatically." 3 Collier on Bankruptcy ¶ 362.03[3] (16th ed. 2014); see also 11 U.S.C. § 362(a)(1) (providing that a bankruptcy petition operates as an automatic stay of "the commencement or continuation . . . of a judicial, administrative, or other action or proceeding against the debtor"). Accordingly, the Court will consider this action stayed as to the Defendant Sepco Corporation only.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby STAYED as to the Defendant Sepco Corporation only until further Order of the Court. All other claims pending in this action remain unaffected by this stay.
IT IS SO ORDERED.
Source: Leagle
