Wells Fargo Bank, N.A. v. Friday Construction Company, Inc. et al

Filing 16

Order for defendant Friday to provide the Court with authority to support its position that Bell's individual Chapter 11 bankruptcy petition requires a stay of this action as to Friday. This action is STAYED as to BELL. Bell to file status report NLT 1/3/2012. ( Miscellaneous deadline set for 10/31/2011, Status Report due by 1/3/2012.). 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

WELLS FARGO BANK, N.A.,
Plaintiff,
vs.
FRIDAY CONSTRUCTION COMPANY,
INC., and C. THURMON BELL,
Defendants.

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CIVIL ACTION NO. 11-0231-KD-N

ORDER
This action is before the Court on the Notice of Bankruptcy Filing filed by defendants
Friday Construction Company, Inc. (Friday) and C. Thurmon Bell (Bell). (Doc. 15). In the
Notice, defendants report that Bell has filed bankruptcy and provide the Court with “Case No.
11-03673”. Defendants state that Friday is “owned 100 percent by” Bell “and is similarly
protected by the stay in bankruptcy.” (Id.)
The Court has reviewed the Chapter 11 Voluntary Petition filed by Bell. (Doc. 1,
Bankruptcy Action No. 11-03673, United States Bankruptcy Court for the Southern District of
Alabama.). Bell filed an individual petition stating that the debts are primarily business debts.
However, Friday is not identified as an “other name” used by Bell. Also, Bell did not sign the
petition on behalf of a Corporation or Partnership. Instead, “Not Applicable” is typed in the
section requiring the “Signature of Debtor” for a Corporation or Partnership. (Id. p. 3).
Therefore, based on the information before the Court, the automatic stay pursuant to 11
U.S.C. § 362 may not operate as a stay of this litigation as to Friday. Accordingly, on or before
October 31, 2011, defendant Friday is ordered to provide the Court with authority to support

its position that Bell’s individual Chapter 11 bankruptcy petition requires a stay of this action as
to Friday.
Further, pursuant to 11 U.S.C. § 362(a), this action is STAYED as to defendant Bell.
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.
Nothing herein shall be construed as a stay of this litigation as to defendant Friday.
DONE and ORDERED this 17th day of October, 2011.

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