AIR KIRIBATI LIMITED v. CAAMS, LLC, 1:14-cv-00300-MR-DLH. (2015)
Court: District Court, W.D. North Carolina
Number: infdco20151117b20
Visitors: 7
Filed: Nov. 16, 2015
Latest Update: Nov. 16, 2015
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Notice of Stay [Doc. 40]. The Defendant has filed a notice with the Court that it has filed a bankruptcy case under Chapter 7 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. 2011); see also 11 U.S.C.
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Notice of Stay [Doc. 40]. The Defendant has filed a notice with the Court that it has filed a bankruptcy case under Chapter 7 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. 2011); see also 11 U.S.C. 3..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Defendant's Notice of Stay [Doc. 40].
The Defendant has filed a notice with the Court that it has filed a bankruptcy case under Chapter 7 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. 2011); 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 consider this action stayed.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby STAYED until further Order of the Court.
The Clerk of Court is respectfully directed to close this case administratively.
IT IS SO ORDERED.
Source: Leagle
