New Bankruptcy Opinion: AIR KIRIBATI LIMITED v. CAAMS, LLC – Dist. Court, WD North Carolina, 2015

AIR KIRIBATI LIMITED, a Limited Company, Plaintiff,

v.

CAAMS, LLC, a Delaware limited liability company, Defendant.

Civil Case No. 1:14-cv-00300-MR-DLH.

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

November 16, 2015.

ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the Defendant’s Notice of Stay [Doc. 40].

The Defendant has filed a notice with the Court that it has filed a bankruptcy case under Chapter 7 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 consider this action stayed.

Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby STAYED until further Order of the Court.

The Clerk of Court is respectfully directed to close this case administratively.

IT IS SO ORDERED.

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