Filed: Feb. 15, 2018
Latest Update: Feb. 15, 2018
Summary: ORDER LEO I. BRISBOIS , Magistrate Judge . This matter comes before the undersigned United States Magistrate Judge upon the routine supervision of the cases that pend before the Court and upon the filing of a "Suggestion of Bankruptcy," [Docket No. 29], by Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II, Inc.; and the Bon-Ton Department Stores, Inc. (hereinafter referred to collectively as the "Bon-Ton Defendants"). On February 14, 2018, the Bon-Ton Defendants filed a "Suggestio
Summary: ORDER LEO I. BRISBOIS , Magistrate Judge . This matter comes before the undersigned United States Magistrate Judge upon the routine supervision of the cases that pend before the Court and upon the filing of a "Suggestion of Bankruptcy," [Docket No. 29], by Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II, Inc.; and the Bon-Ton Department Stores, Inc. (hereinafter referred to collectively as the "Bon-Ton Defendants"). On February 14, 2018, the Bon-Ton Defendants filed a "Suggestion..
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ORDER
LEO I. BRISBOIS, Magistrate Judge.
This matter comes before the undersigned United States Magistrate Judge upon the routine supervision of the cases that pend before the Court and upon the filing of a "Suggestion of Bankruptcy," [Docket No. 29], by Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II, Inc.; and the Bon-Ton Department Stores, Inc. (hereinafter referred to collectively as the "Bon-Ton Defendants").
On February 14, 2018, the Bon-Ton Defendants filed a "Suggestion of Banckruptcy," [Docket No. 29], informing the Court that the Bon-Ton Defendants had filed for Chapter 11 bankruptcy on February 4, 2018. Counsel for the Bon-Ton Defendants proffered that he believed these bankruptcy filings may have created an automatic stay of the present proceeding as against the Bon-Ton Defendants under the Bankruptcy Code. (Id.).
Title 11 of the United States Code, Section 362, provides that a bankruptcy petition "operates as a stay, applicable to all entities, of the commencement or continuation . . . of a judicial . . . action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title[.]" 11 U.S.C. § 362(a)(1) (emphasis added).
The Court has verified that on February 4, 2018, the Bon-Ton Defendants filed Chapter 11 Voluntary Petitions for bankruptcy. See, In re the Bon-Ton Stores, Inc., Ch. 11 Case No. 18bk-10248-MFW, [Docket No. 105] (consolidating the three cases for administrative and procedural purposes). The present action in this Court was filed on May 9, 2017. (Compl. [Docket No. 1]).
Therefore, IT IS HEREBY ORDERED:
1. That the claims in this action as alleged against Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II, Inc.; and the Bon-Ton Department Stores, Inc. are STAYED pending further Order of the Court; and
2. That Plaintiff and Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II, Inc.; and the Bon-Ton Department Stores, Inc. shall file on CM/ECF a joint, written status update regarding the status of the bankruptcy proceeding and the impact of that proceeding on this case every 120 days from the date of this Order.
