Filed: Mar. 14, 2012
Latest Update: Mar. 14, 2012
Summary: ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER STAYING THE MATTER AS TO DEFENDANT ROY DIXON, JR. DENISE PAGE HOOD, District Judge. On December 13, 2011, Defendant Roy Dixon, Jr., through his bankruptcy counsel, filed a Plea of Stay indicating he had filed an individual bankruptcy action in the United States Bankruptcy Court, Norther District of Georgia, Case No. 11-74582. The Court entered an Order staying the matter as to Roy Dixon, Jr. on December 22, 2011. Plaintiff's Motio
Summary: ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER STAYING THE MATTER AS TO DEFENDANT ROY DIXON, JR. DENISE PAGE HOOD, District Judge. On December 13, 2011, Defendant Roy Dixon, Jr., through his bankruptcy counsel, filed a Plea of Stay indicating he had filed an individual bankruptcy action in the United States Bankruptcy Court, Norther District of Georgia, Case No. 11-74582. The Court entered an Order staying the matter as to Roy Dixon, Jr. on December 22, 2011. Plaintiff's Motion..
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ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER STAYING THE MATTER AS TO DEFENDANT ROY DIXON, JR.
DENISE PAGE HOOD, District Judge.
On December 13, 2011, Defendant Roy Dixon, Jr., through his bankruptcy counsel, filed a Plea of Stay indicating he had filed an individual bankruptcy action in the United States Bankruptcy Court, Norther District of Georgia, Case No. 11-74582. The Court entered an Order staying the matter as to Roy Dixon, Jr. on December 22, 2011. Plaintiff's Motion for Reconsideration asserts that the automatic stay provision of a bankruptcy filing does not apply to an action filed by a governmental unit to enforce its police and regulatory power. 11 U.S.C. § 362(b)(4). Dixon's bankruptcy counsel agreed, filing a Notice of Withdrawal of Plea. This Court agrees. Accordingly,
IT IS ORDERED that Plaintiff's Motion for Reconsideration (Doc. No. 73) is GRANTED. The Order Staying the Matter as to Defendant Roy Dixon, Jr. (Doc. No. 72) is SET ASIDE and this action will proceed accordingly.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was served upon counsel of record on March 14, 2012, by electronic and/or ordinary mail.
S/Julie Owens
Case Manager
