New Bankruptcy Opinion: NORTH DAKOTA DEVELOPMENTS, LLC v. CASCATA HOMES, LLC – Dist. Court, D. North Dakota, 2016





North Dakota Developments, LLC, Plaintiff,

v.

Cascata Homes, LLC, Cascata Homes Holdings, LLC, Chris Cuzalina, J. Chris Quinn and Phillip Watson, Defendants.

Case No. 4:14-cv-151.

United States District Court, D. North Dakota.

July 26, 2016.

North Dakota Developments, LLC, Plaintiff, represented by Charles L. Neff, Neff Eiken & Neff PC.

Cascata Homes, LLC, Defendant, represented by Michael L. Forman, Brown Pruitt Wambsganss Ferrill & Dean, P.C., Heather N. Sutton, Brown Pruitt Wambsganss Ferrill & Dean, P.C., pro hac vice & Misty M. Pratt, Brown Pruitt Wambsganss Ferrill & Dean, P.C., pro hac vice.

Cascata Homes Holdings, LLC, Defendant, represented by Michael L. Forman, Brown Pruitt Wambsganss Ferrill & Dean, P.C..

Chris Cuzalina, Defendant, represented by Michael L. Forman, Brown Pruitt Wambsganss Ferrill & Dean, P.C..

J Chris Quinn, Defendant, represented by Michael L. Forman, Brown Pruitt Wambsganss Ferrill & Dean, P.C..

Phillip Watson, Defendant, Pro se.

ORDER

CHARLES S. MILLER, Jr., Magistrate Judge.

Defendant Cascata Homes, LLC filed a Chapter 11 bankruptcy petition on April 2, 2015, with the United States Bankruptcy Court for the Northern District of Texas, Dallas Division. It subsequently filed a “Suggestion of Bankruptcy” with this court on May 7, 2015. Consequently, on June 10, 2015, the court issued an order staying the action in its entirety.

On July 21, 2016, Defendant J. Chris Quinn filed a “Motion to Lift Bankruptcy Stay.” He requests that the court lift the stay, advising that Cascata Homes, LLC’s bankruptcy case was dismissed on February 23, 2016, and closed on March 9, 2016. See Maritime Elec. Co., Inc. v. United Jersey Bank, 959 F.3d 1194, 1206 (3d Cir. 1991) (Automatic stay “continues until the bankruptcy case is closed, dismissed, or discharge is granted or denied, or until the bankruptcy court grants some relief from the stay.”).

The court GRANTS Quinn’s motion (Docket No. 39) and lifts the stay of this action.

IT IS SO ORDERED.

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