IN RE PATRAS, 4:13CV3226. (2014)
Court: District Court, D. Nebraska
Number: infdco20140328c87
Visitors: 31
Filed: Mar. 27, 2014
Latest Update: Mar. 27, 2014
Summary: REPORT AND RECOMMENDATION THOMAS L. SALADINO, Chief District Judge. This adversary proceeding was transferred from the United States District Court for the District of Nebraska because Defendant, Barbara A. Patras, filed a chapter 7 bankruptcy case. This adversary proceeding involves a claim against Defendant for a personal injury tort for which a jury trial has been demanded. Therefore, if and when the case proceeds to trial, it will proceed in the district court, not bankruptcy court. The
Summary: REPORT AND RECOMMENDATION THOMAS L. SALADINO, Chief District Judge. This adversary proceeding was transferred from the United States District Court for the District of Nebraska because Defendant, Barbara A. Patras, filed a chapter 7 bankruptcy case. This adversary proceeding involves a claim against Defendant for a personal injury tort for which a jury trial has been demanded. Therefore, if and when the case proceeds to trial, it will proceed in the district court, not bankruptcy court. The a..
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REPORT AND RECOMMENDATION
THOMAS L. SALADINO, Chief District Judge.
This adversary proceeding was transferred from the United States District Court for the District of Nebraska because Defendant, Barbara A. Patras, filed a chapter 7 bankruptcy case.
This adversary proceeding involves a claim against Defendant for a personal injury tort for which a jury trial has been demanded. Therefore, if and when the case proceeds to trial, it will proceed in the district court, not bankruptcy court. The automatic stay of 11 U.S.C. § 362(a) stays all further proceedings against the party in bankruptcy until such time as Plaintiffs have obtained relief from the automatic stay in bankruptcy court or the bankruptcy case has been dismissed.
Accordingly, I respectfully request that the United States District Court withdraw the reference of this adversary proceeding and upon such withdrawal, stay all further action against the party in bankruptcy until the bankruptcy case is dismissed or relief from the automatic bankruptcy stay has been obtained.
Source: Leagle
