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Szuch v. Kmart Corporation, 17-1595. (2018)

Court: District Court, W.D. Pennsylvania Number: infdco20181023c68 Visitors: 2
Filed: Oct. 18, 2018
Latest Update: Oct. 18, 2018
Summary: ORDER CATHY BISSOON , District Judge . Consistent with Defendant's filing at Docket Number 36, the Court has confirmed that Defendant has filed a Voluntary Petition under Chapter 11 of the United States Bankruptcy Code. See In re Sears Holdings Corp. (and debtor affiliates) , 18-23538 (S.D.N.Y. Bankr. Oct. 15, 2018). Pursuant to 11 U.S.C. 362, the claims against Defendant are STAYED , and this case is ADMINISTRATIVELY CLOSED. Lehman v. Revolution Portfolio L.L.C. , 166 F.3d 389 ,
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ORDER

Consistent with Defendant's filing at Docket Number 36, the Court has confirmed that Defendant has filed a Voluntary Petition under Chapter 11 of the United States Bankruptcy Code. See In re Sears Holdings Corp. (and debtor affiliates), 18-23538 (S.D.N.Y. Bankr. Oct. 15, 2018). Pursuant to 11 U.S.C. § 362, the claims against Defendant are STAYED, and this case is ADMINISTRATIVELY CLOSED. Lehman v. Revolution Portfolio L.L.C., 166 F.3d 389, 392 & n.3 (1st Cir. 1999) ("[w]e endorse the judicious use of administrative closings by district courts. . . . to await the lifting of the automatic stay imposed by the Bankruptcy Code"); accord Penn West Assocs., Inc. v. Cohen, 371 F.3d 118, 128 (3d Cir. 2004) (citing with approval rationale in Lehman).

IT IS SO ORDERED.

Source:  Leagle

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