Source Asia Trading (Shanghai) Co., LTD. v. The Robert Allen Duralee Group, LLC, 1:18-cv-00370-MR-WCM. (2019)
Court: District Court, W.D. North Carolina
Number: infdco20190422585
Visitors: 6
Filed: Apr. 17, 2019
Latest Update: Apr. 17, 2019
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Plaintiff's Response to the Court's Order of April 4, 2019 [Doc. 9]. By the present filing, the Plaintiff has advised the Court that the Defendant has filed a Petition under Chapter 11 of the United States Bankruptcy Code. 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 36
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Plaintiff's Response to the Court's Order of April 4, 2019 [Doc. 9]. By the present filing, the Plaintiff has advised the Court that the Defendant has filed a Petition under Chapter 11 of the United States Bankruptcy Code. 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..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Plaintiff's Response to the Court's Order of April 4, 2019 [Doc. 9].
By the present filing, the Plaintiff has advised the Court that the Defendant has filed a Petition under Chapter 11 of the United States Bankruptcy Code. 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. 2019); 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 stay this action pending the Defendant's bankruptcy proceedings.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby STAYED until further Order of the Court.
IT IS FURTHER ORDERED that the parties shall file a status report with the Court every ninety (90) days until such time as the bankruptcy matter is closed.
IT IS SO ORDERED.
Source: Leagle
