New Bankruptcy Opinion: BRONCO CONSTRUCTION, INC. v. SCHOTTEN FENSTER, LLC – Dist. Court, WD North Carolina, 2015

BRONCO CONSTRUCTION, INC., Plaintiff,

v.

SCHOTTEN FENSTER, LLC, VINNY CURRAN, HOLLIS ARCHITECTURAL PRODUCTS, LLC, and FRAZIER HOLLIS, Defendants.

Civil Case No. 1:14-cv-00250-MR-DLH.

United States District Court, W.D. North Carolina, Asheville Division.

February 11, 2015.

ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the Defendant’s Notice of Bankruptcy Filing [Doc. 24].

The Defendant Vinny Curran has filed a notice with the Court indicating that he filed a voluntary bankruptcy petition under Chapter 7 of the United States Bankruptcy Code on January 16, 2015. 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 the Defendant Vinny Curran only.

Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby STAYED as to the Defendant Vinny Curran only until further Order of the Court. All other claims pending in this action remain unaffected by this stay.

IT IS SO ORDERED.

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