ING Bank, fsb v. John

Filing 50

ORDER re 49 Continuing Hearing and Soliciting Briefing on Effect of Baimba Johns Bankruptcy Filing on Third-Party Action. Signed by Judge Patricia V. Trumbull on 9/13/10. (pvtlc1) (Filed on 9/13/2010)

ING Bank, fsb v. John

Doc. 50

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ING BANK, fsb, ) ) Plaintiff, ) ) v. ) ) BAIMBA JOHN, ) ) Defendant. ) ____________________________________ ) ) AND RELATED THIRD-PARTY ACTION ) ____________________________________ ) Case No.: C 09-1467 PVT ORDER CONTINUING HEARING AND SO LIC ITIN G BRIEFING ON EFFECT OF BA IM BA JOHN'S BANKRUPTCY FILING ON TH IR D -PA R TY ACTION

On September 7, 2010, Defendant and Third-Party Plaintiff Baimba John ("Defendant") filed a notice of bankruptcy filing, and thus Plaintiff's action against Mr. John is automatically stayed by virtue of 11 U.S.C. section 362. Based on said notice, IT IS HEREBY ORDERED that the summary judgment hearing set for September 14, 2010 is CONTINUED to 10:00 a.m. on October 19, 2010. IT IS FURTHER ORDERED that no later than October 5, 2010, the parties shall file supplemental briefs addressing the issue of whether or not 11 U.S.C. section 362 also operates to stay the third-party action. Dated: 9/13/10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 2 Counsel automatically notified of this filing via the court's Electronic Case Filing system. copy mailed on 9/13/10 to:

Baimba John 3354 Casa Legno Court San Jose, CA 95148 /s/ Donna Kirchner DONNA KIRCHNER Judicial Law Clerk