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Xue Hui Zhang v. Ichiban Group, LLC, 1:17-CV-148 (MAD/TWD). (2018)

Court: District Court, N.D. New York Number: infdco20180807g58 Visitors: 8
Filed: Aug. 06, 2018
Latest Update: Aug. 06, 2018
Summary: AMENDED MEMORANDUM-DECISION AND ORDER MAE A. D'AGOSTINO , District Judge . On June 29, 2018, Defendant Chen & Ju, Inc., filed a voluntary petition for bankruptcy. See In Re Chen & Ju, Inc., No. 18-11150, Dkt. No. 1 (Bankr. N.D.N.Y.). On July 26, 2018, the Court issued a Memorandum-Decision and Order noting that the automatic stay imposed by 11 U.S.C. 362 applies to Defendant Chen & Ju, Inc., only. Plaintiff contends that, and it remains a question of fact in this litigation whether, the
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AMENDED MEMORANDUM-DECISION AND ORDER

On June 29, 2018, Defendant Chen & Ju, Inc., filed a voluntary petition for bankruptcy. See In Re Chen & Ju, Inc., No. 18-11150, Dkt. No. 1 (Bankr. N.D.N.Y.). On July 26, 2018, the Court issued a Memorandum-Decision and Order noting that the automatic stay imposed by 11 U.S.C. § 362 applies to Defendant Chen & Ju, Inc., only. Plaintiff contends that, and it remains a question of fact in this litigation whether, the remaining named corporate defendants are business names of Chen & Ju, Inc., and whether the individual defendants are directors, officers, or owners of Chen & Ju, Inc.

Upon consideration of the parties' letter submissions, for purposes of judicial economy, and to avoid inconsistent or piecemeal litigation, the Court hereby:

> ORDERS that the action is stayed as to all defendants; and the Court further

ORDERS that the Clerk of the Court serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules.

IT IS SO ORDERED.

Source:  Leagle

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