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terminate this case; if no party files a motion to reopen the case within 30 days after the bankruptcy stay is no longer in effect, this administrative termination will ipso facto become a dismissal with prejudice.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)

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no longer in effect. If no party files a motion to reopen the case within 30 days after the stay is no
longer in effect, this administrative termination will ipso facto become a dismissal with prejudice.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:

[e-mail]

04/12/2011 09:11 AM

Cc:

"[e-mail]"

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: [e-mail]
One Financial Center
650 South Shackleford, Suite 400
Little Rock, Arkansas 72211
Telephone: [phone]
Facsimile: [phone]
Website: www.sanfordlawfirm.com
This message, and any attachments, is intended for the addressee only. It may contain information
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on this communication is strictly prohibited by the Electronic Communication Privacy Act at 18 USC
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at [phone] or by return e-mail and delete the message and any attachments.
On Apr 12, 2011, at 8:54 AM, Cory [e-mail] 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

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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
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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