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Suchyta v. Chumbler, 15-cv-13566. (2016)

Court: District Court, E.D. Michigan Number: infdco20160511b34 Visitors: 13
Filed: May 10, 2016
Latest Update: May 10, 2016
Summary: ORDER ADMINISTRATIVELY CLOSING CASE DUE TO BANKRUPTCY STAY PAUL D. BORMAN , District Judge . The Court has received Notice filed by the Plaintiff that the sole remaining Defendant in this action, Steven R. Chumbler ("Chumbler"), has filed for Chapter 7 Bankruptcy in the United States Bankruptcy Court for the Eastern District of Michigan, Case No. 16-45879. (ECF No. 20, Notice of Defendant Steven R. Chumbler's Chapter 7 Bankruptcy). The other Defendants named in this action were dismissed by
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ORDER ADMINISTRATIVELY CLOSING CASE DUE TO BANKRUPTCY STAY

The Court has received Notice filed by the Plaintiff that the sole remaining Defendant in this action, Steven R. Chumbler ("Chumbler"), has filed for Chapter 7 Bankruptcy in the United States Bankruptcy Court for the Eastern District of Michigan, Case No. 16-45879. (ECF No. 20, Notice of Defendant Steven R. Chumbler's Chapter 7 Bankruptcy). The other Defendants named in this action were dismissed by Orders of the Court entered on January 12, 2016 and March 14, 2016. ECF No. 15 (Order Dismissing Ally Bank Lease) and ECF No. 19 (Order Dismissing Defendants First National Bank of Omaha and Szott M-59 Chrysler Jeep, Inc.).

Chumbler's filing of bankruptcy operates as an automatic stay of all actions or claims against him, such as this action, that arose prior to the filing of the bankruptcy petition. See 11 U.S.C. § 362. In the interest of effective administration of the court's business, and without prejudice to either party in this action, the Court will administratively close this matter pending termination of the related bankruptcy proceeding. Accordingly, IT IS ORDERED THAT:

(1) This case is closed for administrative purposes only, without prejudice to either party; (2) This administrative closing does not constitute a dismissal or a decision on the merits of Plaintiff's claims against Defendant Steven R. Chumbler; and (3) The case may be reopened on the motion of any party within 30 days of the removal of the bankruptcy stay.

IT IS SO ORDERED.

Source:  Leagle

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