Wells Fargo Bank NA v. Hodgson

Filing 11

ORDER OF DISMISSAL, the Clerk is directed to administratively terminate this case; if no party files a motion to reopen the case within 30 days after the bankruptcy stay is no longer in effect, this administrative termination will ipso facto become a dismissal with prejudice. Signed by Chief Judge J. Leon Holmes on 4/12/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION WELLS FARGO BANK, N.A. v. PLAINTIFF NO. 4:10CV01448 JLH MARIO JOSE HODGSON DEFENDANT ORDER OF DISMISSAL On April 12, 2011, the Court received the attached correspondence from counsel reflecting that defendant filed for Chapter 7 Bankruptcy on January 28,2011, in the Vnited States Bankruptcy Court in the Eastern District of Arkansas, thereby invoking the stay provisions of 11 V.S.c. § 362. IT IS THEREFORE ORDERED that the Clerk is directed to terminate this case administratively. If any party wishes to have the Court reopen this action, a motion to that effect must be filed within 30 days after the stay imposed by virtue of defendant's bankruptcy petition is no longer in effect. If no party files a motion to reopen the case within 30 days after the stay is no longer in effect, this administrative termination will ipso facto become a dismissal with prejudice. IT IS SO ORDERED this 12th day of April, 2011. J. V Page 1 of 1 Re: Wells Fargo v. Hodgson; Case No. 4:lOCV1448 JLH Josh Sanford to: Cory_Wilkins@ared.uscourts.gov 04/12/2011 09:11 AM Cc: "nicholslaw@windstream.net" Show Details Defendant filed for relief under Chapter 7 of the US Bankruptcy code. I think the parties have assumed that the automatic stay precluded any activity in this case. If I am mistaken, please advise. Josh Sanford Attorney at Law Sanford Law Firm, PLLC Offices in Little Rock and Russellville Email: josh@sanfordlawfirm.com One Financial Center 650 South Shackleford, Suite 400 Little Rock, Arkansas 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 Website: www.sanfordlawfirm.com This message, and any attachments, is intended for the addressee only. It may contain information which is legally privileged, confidential, and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use or any action or reliance on this communication is strictly prohibited by the Electronic Communication Privacy Act at 18 USC 2510-2521. If you have received this e-mail in error, please notify the sender immediately by telephone at (479) 880-0088 or by return e-mail and delete the message and any attachments. On Apr 12, 2011, at 8:54 AM, Cory Wilkins@ared.uscourts.gov wrote: Pursuant to the Initial Scheduling Order entered on January 28, 2011, the parties' Rule 26(f) Report was due by April 1,2011. At this time, it does not appear as though the report has been filed. Please let me know if I can be of further assistance. Thank you. Cory Wilkins Courtroom Deputy to U.S. District Judge J. Leon Holmes file://C:\Documents and Settings\cdwilk\Local Settings\Temp\notes3263DA\-web5545.htm 4/12/2011 NICHOLS &: CAMPBELL, P.A. A I'ROFl;.S$IONAL CORPORATION "ARK W. NICHOL:' H.,GR.EGO." ATIORNt:Y5 kr LAW (:"~PBf~e -tdqlh9n ; (5(lI) 37'2-5659 2ll CENTER S'IItfEt" • SUITE 700 .. Also liCCfl.'tc-d in Texas LITTlE R()(;K. AIlKAN5AS 7HOI (5(H) J 74-'8657 EMail; nicholslaw<iPwiodsl",am,net April 12,2011 The Honorable J. Leon Holmes Chief Judge Attn: Cory Wilkins U.S. District Court Eastern District of Arkansas 500 W. Capitol,. Rm. D469 Little Rock, AR 7220J Re: Wells Fargo Bank, N.A. v. Mario Jose Hodgson U.S. District Court, Eastern District of AR No.4: 1O~CV~ 144& JLH Dear Mr. Wilkins: In response to your inquiry regarding the Rule 26(f) Report which was due on April 1, 2011, 1 am attaching a copy of the Notice of Chapter 7 Bankruptcy which was tiled by the Defendant on or about Ja{,mary 28, 2011. Plaintiff has taken nQ further action in the above mentioned matter pursuant to the Automatic Stay. Plaintiff has entered its appearance in the Bankruptcy proceeding, and is currently awaiting the 341 meeting of creditors which is scheduled for April 19, 2011. Thank you for your attention to this matter. Please let me know if you need anything further. _ 0 ~gOry stl l , HOC/ern Enclosl:lre ce~~s~ Campbell UNITED ST KRUPrCY COURT Eastern J)istrict of Arkansas pter 7'baBkrupk;y ~ase -ccnttlroing the debtOf(S) listed below was 1il1.>Q on 1/28111. . , . . . . YOllmaY be a cmJitor of the debtor. Tills notice lISts important deailJines. You may wanl toCODSUIt an attotn~y to protect yOur rights. doclllBeJl,tI; . in me case may be . at the bllllkn!Pn:y cle(k'soQice at the address1i$1OO below. Nt>TE: The staff of the . baIlkru ' c e e a n n " f c~ ~up,lQer. 4:J1-bk-tOS36 lud~: ;'\udnly R. Evans Bankruptcy Trustee (~ ,and lIddress): AttQPI¢Y {ot QebQ)f,(s) (aartltHUlil ~): Josh Sanforo SA,NJIORD LAW FIRM, PLLC 30-3 West ~StAlet M. Ran~y Rice U.S. Bankruptcy Trns[Ce 523 S. Louisiana, 'Ste. 300 Little Rock, AR 72201-5771 Telephone number: (5QJ); 374-1019 Il.O.Box39 RussellviDe;; Tel hone , Meeting of Crediton Important notice to individual debt.oIS~ DebtOIS mllSl provide picture identification and proof of social security nwnbe:rto the trustee at Ihe Da~ meetillg of creditors. Time: 08:30 AM ding, 200 W. Capitol, 12UJ, .. oor - Rm 121O,,J;Jttte llock, J\K 12.Z01 Mardt15"ZOll ~QD! l.J.s,.l7~'. QlIlee. BaoIc orA P£-esumptloll Abuse Hllde.- .11 U.8.C.§§7#7(b} See- "Presump#QncjAbuse" on reverse side. The ptesumptiOil or abuse does tl9t arise, DeadlinflS: Pap¢l'$ mll$tbe·r~¢~lvei.#bYlll¢ltluikropmyclerk'sufficebY'tbe f<tll()Win'g'deadlines: (JeadUneC,·QllJectft) 1k~"':$~(J ... m CIia~~t~l?...rcerbiliJ,~;Sl1IifU l:h Creditors May Not Take Cerfam Actions: )n ~~tin$tancl$.d!e fding of tile bankruptcy case automatic&lJy stays certain collection and other aet.iQ the debtor .and the dCbtor's property. Under certain circumstances, the stay may be limited to 30 days Of not exist at all, aldm debtor can reqo~the , tend Of . .A stay. It'you a~l'tm'lliluect adcbt or take other action in violatioR'ot: th:e .Bankruptcy C<xlec. you rtwy be pen ~lt er 'ue: .QUI" . • e aP aim tInle8$Y eivea Notme To Do So. Creditor with:a Foreign Address: A credit(jr k,)whop), tbisno.ticeis seDlat)l foreign address should,read !he iJ!!or:matiWlUndeT "00 NCil File al'toof,of Claim atThill Time" on the 1everse side. ,Fnr-the OUlrt: Clerk: of the QanlmJplcY COUrt; JelmltoJfs 015819 53204015834014

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