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

Filing 18

Order entered that in light of Friday's failure to provide the Court with any authority to supports a request for a stay, it isORDERED that Defendant Friday Construction Company, Inc.s request, as contained in theNotice of Bankruptcy Filing (Doc. 15), is DENIED.. Signed by Judge Kristi K. DuBose on 11/2/2011. (cmj)

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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. ) ) ) ) ) ) ) ) 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). As set forth in the Court’s October 17, 2011 Order, “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.” (Doc. 16). As such, the Court ordered Defendant Friday Construction Company, Inc. “to provide the Court with authority to support its position that Bell’s individual Chapter 11 bankruptcy petition requires a stay of this action” on or before October 31, 2011. (Id.) To date, Defendant Friday has failed to file any response to the Court’s Order. Accordingly, in light of this failure to provide the Court with any authority to supports a request for a stay, it is ORDERED that Defendant Friday Construction Company, Inc.’s request, as contained in the Notice of Bankruptcy Filing (Doc. 15), is DENIED. DONE and ORDERED this 2nd day of November 2011. /s/ Kristi K DuBose KRISTI K. DUBOSE UNITED STATES DISTRICT JUDGE

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