Curry v. Schletter, Inc., 1:17-cv-00001-MR-DLH. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180516g05
Visitors: 9
Filed: May 15, 2018
Latest Update: May 15, 2018
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Notice of Pendency of Bankruptcy and Request for Stay of Proceedings [Doc. 38]. The Defendant has filed a notice with the Court that it has filed a bankruptcy case 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 Bankrupt
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Notice of Pendency of Bankruptcy and Request for Stay of Proceedings [Doc. 38]. The Defendant has filed a notice with the Court that it has filed a bankruptcy case 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 Bankruptc..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Defendant's Notice of Pendency of Bankruptcy and Request for Stay of Proceedings [Doc. 38].
The Defendant has filed a notice with the Court that it has filed a bankruptcy case 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. 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 stay this action pending the Defendant's bankruptcy proceedings.
Accordingly, IT IS, THEREFORE, ORDERED that the Defendant's Request [Doc. 38] is GRANTED, and 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
