Bank of America, N.A. v. W.E. Davis & Sons Construction Co., Inc. et al

Filing 37

ORDER re: 36 Suggestion of Bankruptcy by Dft Donald Davis. This action is STAYED, & the Clerk is directed to place this matter on the court's administrative docket. The parties are to notify the court within 30 days of the resolution of the bankruptcy proceedings, or of a lift of the stay, at which time this action will be reinstated to the court's active docket. Signed by Judge Callie V. S. Granade on 4/4/2012. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BANK OF AMERICA, N.A., f/k/a Merrill Lynch Business Financial Services, Inc., Plaintiff, vs. W.E. DAVIS & SONS CONSTRUCTION CO., INC., WILLIAM E. DAVIS, and DONALD DAVIS, Defendants. ) ) ) ) ) ) ) CIVIL ACTION NO. 11-0290-CG-C ) ) ) ) ) ) ) ORDER This cause is before the court on the Suggestion of Bankruptcy filed by defendant Donald Davis (Doc.36), in which the defendant advises that he filed his Chapter 13 Petition in the United States Bankruptcy Court for the Southern District of Alabama, Southern Division, Case No. 12-1168, on April 2, 2012. Pursuant to 11 U.S.C. § 362, the filing of a bankruptcy petition operates as a stay of an action. Accordingly, this action is STAYED, and the clerk of court is directed to place this matter on the court’s administrative docket.1 1 Defendants W. E. Davis and Sons Construction Co., Inc. and William Davis were dismissed without prejudice by order dated June 20, 2011 (Doc. 12). The parties shall notify the court within thirty (30) days of the resolution of the bankruptcy proceedings, or of a lift of the stay, at which time this action will be re-instated to the court’s active docket. DONE and ORDERED this 4th day of April, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE 2

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