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Dugdale v. Ditech Financial, LLC, 18-10896. (2019)

Court: District Court, E.D. Michigan Number: infdco20190308b04 Visitors: 2
Filed: Mar. 07, 2019
Latest Update: Mar. 07, 2019
Summary: ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE DUE TO DEFENDANT'S BANKRUPTCY FILING NANCY G. EDMUNDS , District Judge . Plaintiff's pro se complaint, asserting a breach of contract claim against Defendant, was transferred to this Court from the United States District Court for the District of Columbia on March 19, 2018. (Dkt. 1.) In February of 2019, Defendant filed two notices with the Court, indicating that it had commenced voluntary bankruptcy proceedings under Chapter 11 of the Bankrup
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ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE DUE TO DEFENDANT'S BANKRUPTCY FILING

Plaintiff's pro se complaint, asserting a breach of contract claim against Defendant, was transferred to this Court from the United States District Court for the District of Columbia on March 19, 2018. (Dkt. 1.) In February of 2019, Defendant filed two notices with the Court, indicating that it had commenced voluntary bankruptcy proceedings under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York (Case No. 19-10412 (JLG)), and that an automatic stay of proceedings is in place applicable to actions brought against Defendant, including the present matter, pursuant to 11 U.S.C. § 362, except to the extent the stay was modified on a limited basis as set forth in an interim order issued by the bankruptcy court. (Dkts. 24, 25.)

Accordingly, it is ORDERED that this matter is STAYED.

It is further ORDERED that this case is CLOSED for administrative purposes without prejudice because Defendant is involved in a bankruptcy case in which a stay of proceedings is in effect. This closing does not constitute a decision on the merits.

It is further ORDERED that if the bankruptcy proceedings are terminated or the automatic stay is lifted with reference to the instant matter by the bankruptcy court, then this case may be reopened upon the motion of any party.

SO ORDERED.

Source:  Leagle

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