Gens v. Wachovia Mortgage Corporation et al

Filing 104

Order by Hon. Lucy H. Koh denying (89) Motion for Attorney Fees without prejudice in case 5:10-cv-01073-LHK.Associated Cases: 5:10-cv-01073-LHK, 5:12-cv-05947-LHK(lhklc3, COURT STAFF) (Filed on 2/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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LAURA GENS,
Plaintiff,
v.
WACHOVIA MORTGAGE CORP., et al.,

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Defendants.

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Case No.: 10-CV-01073-LHK
12-CV-05947-LHK
ORDER DENYING DEFENDANTS’
MOTION FOR AWARD OF PREBANKRUPTCY ATTORNEY’S FEES
WITHOUT PREJUDICE

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On February 1, 2013, the United States Bankruptcy Court imposed an automatic stay in the

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Chapter 11 bankruptcy case of Plaintiff Laura Gens (“Plaintiff”), in the matter entitled In re Laura

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Gens, United States Bankruptcy Court for the Northern District of California, Case No. 13-50106-

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ASW. See ECF NO. 103 (“Notice of Automatic Stay”). The “automatic stay” pursuant to 11

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U.S.C. § 362 operates as an automatic stay of the continuation of a “judicial, administrative, or

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other action or proceeding” against the debtor, 11 U.S.C. § 362(a)(1), as well as an automatic stay

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of acts to “collect, assess, or recover a claim” against the debtor arising prior to the application date

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for the automatic stay, 11 U.S.C. § 362(a)(6). The automatic stay will remain in effect until April

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15, 2013, pending a ruling on Plaintiff’s motion to impose the automatic stay. Notice of Automatic

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Stay at 2.

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Currently before the Court is Defendants’ Motion for the Award of Pre-Bankruptcy

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Attorney’s Fees. See ECF No. 89 (“Motion”). This Motion is subject to the automatic stay as it is

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Case No.: 10-CV-01073-LHK
12-CV-05947-LHK
ORDER DENYING DEFENDANTS’ MOTION FOR AWARD OF PRE-BANKRUPTCY ATTORNEY’S FEES
WITHOUT PREJUDICE

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a judicial proceeding and an act to “collect, assess, or recover a claim” against Plaintiff within the

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meaning of 11 U.S.C. § 362.

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In light of this stay, the Court DENIES Defendants’ Motion for the Award of Pre-

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Bankruptcy Attorney’s Fees without prejudice. Defendants shall re-file their Motion after the

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bankruptcy stay is lifted. Once re-filed, the Court will grant Defendants an expedited hearing date.

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IT IS SO ORDERED.

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Dated: February 5, 2013

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LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 10-CV-01073-LHK
12-CV-05947-LHK
ORDER DENYING DEFENDANTS’ MOTION FOR AWARD OF PRE-BANKRUPTCY ATTORNEY’S FEES
WITHOUT PREJUDICE