Mullinax v. Advance Auto Parts, Inc., 1:16-cv-00310-MR-DLH. (2017)
Court: District Court, W.D. North Carolina
Number: infdco20171115c88
Visitors: 7
Filed: Nov. 14, 2017
Latest Update: Nov. 14, 2017
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Notice of Bankruptcy Filing and Stay of Proceedings filed by the Defendant Georgia-Pacific LLC (now known as Bestwall LLC) (hereinafter "Bestwall"). [Doc. 245]. Bestwall has filed a notice with the Court indicating that it filed a voluntary bankruptcy petition under Chapter 11 of the United States Bankruptcy Code on November 2, 2017. It is well-settled that "[w]hen litigation is pending against the debtor at
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Notice of Bankruptcy Filing and Stay of Proceedings filed by the Defendant Georgia-Pacific LLC (now known as Bestwall LLC) (hereinafter "Bestwall"). [Doc. 245]. Bestwall has filed a notice with the Court indicating that it filed a voluntary bankruptcy petition under Chapter 11 of the United States Bankruptcy Code on November 2, 2017. It is well-settled that "[w]hen litigation is pending against the debtor at ..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Notice of Bankruptcy Filing and Stay of Proceedings filed by the Defendant Georgia-Pacific LLC (now known as Bestwall LLC) (hereinafter "Bestwall"). [Doc. 245].
Bestwall has filed a notice with the Court indicating that it filed a voluntary bankruptcy petition under Chapter 11 of the United States Bankruptcy Code on November 2, 2017. 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. 2014); 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 as to Bestwall only.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby STAYED as to the Defendant Georgia-Pacific LLC (now known as Bestwall LLC) only until further Order of the Court. All other claims pending in this action remain unaffected by this stay.
IT IS FURTHER ORDERED that the parties shall file a status report with the Court every ninety (90) days until the bankruptcy proceeding is completed or the automatic stay is lifted, whichever comes first.
IT IS SO ORDERED.
Source: Leagle
