SYNOVUS BANK v. GARVEY, 1:11-cv-00186-MR-DLH. (2013)
Court: District Court, W.D. North Carolina
Number: infdco20130819934
Visitors: 12
Filed: Aug. 16, 2013
Latest Update: Aug. 16, 2013
Summary: ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendant's Suggestion of Bankruptcy [Doc. 42]. The Defendant has filed a notice with the Court that he filed a bankruptcy case under Chapter 7 of the United States Bankruptcy Code on July 29, 2013. 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
Summary: ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendant's Suggestion of Bankruptcy [Doc. 42]. The Defendant has filed a notice with the Court that he filed a bankruptcy case under Chapter 7 of the United States Bankruptcy Code on July 29, 2013. 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 ..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Defendant's Suggestion of Bankruptcy [Doc. 42].
The Defendant has filed a notice with the Court that he filed a bankruptcy case under Chapter 7 of the United States Bankruptcy Code on July 29, 2013. 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
