Branch Banking and Trust Company v. R&T Rentals, L.L.C. et al

Filing 53

Order staying action as to defendant Bell due to his bankruptcy filing. ( Status Report due by 1/3/2012 from Bell.) Defendants Smith and R&T Rentals have been dismissed with prejudice. Therefore, since Bell is the only remaining defendant, the Clerk of the Court is directed to close this action for statistical purposes. Signed by Judge Kristi K. DuBose on 10/17/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

BRANCH BANKING AND TRUST
COMPANY,
Plaintiff,
vs.
R & T RENTALS, LLC, et al.,
Defendants.

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CIVIL ACTION NO. 10-0518-KD-N

ORDER
This action is before the Court on the Joint Statement Regarding Status of Settlement
Negotiations. (Doc. 51). In the Statement, the parties report that defendant C. Thurmon Bell did
not participate in mediation because of his “recent filing of a Chapter 11 bankruptcy petition”
(Id.)1 The Court construes this Statement as a Notice of Bankruptcy as to Bell. Also, the Court
received a Notice of Bankruptcy as to Bell in Wells Fargo Bank, N.A. v. Friday Construction
Company, Inc. and C. Thurmon Bell, Civil Action No. 11-0231-KD-N, United States District
Court for the Southern District of Alabama. (Id. at doc. 15).
The Court has now reviewed the Chapter 11 Voluntary Petition wherein Bell filed
individual bankruptcy stating that his debts are primarily business debts. (Doc. 1, p. 11,
Bankruptcy Action No. 11-03673, United States Bankruptcy Court for the Southern District of
Alabama.) Accordingly, this action is STAYED as to defendant Bell pursuant to 11 U.S.C. '

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Previously, on report of the mediator, the Court was informed that Bell “did not
participate in the mediation because he is in bankruptcy”. (Doc. 49).

362(a) due to the pendency of the bankruptcy proceedings. Bell is ORDERED to file a status
report on or before January 3, 2012, to advise the Court as to the status of the bankruptcy and
the status of this litigation.
Defendants, F. Rutherford Smith and R & T Rentals, LLC, have been dismissed with
prejudice. (Doc. 50). Therefore, since Bell is the only remaining defendant, the Clerk of the
Court is directed to close this action for statistical purposes.
DONE and ORDERED this 17th day of October, 2011.

s / Kristi K DuBose
KRISTI K. DUBOSE
UNITED STATES DISTRICT JUDGE