Lawson et al v. Lawson

Filing 7

ORDER DENYING 1 Plaintiff's MOTION for Order for Abstention of District Court So That Case Can be Adjudicated in State Court or alternatively. DENYING 1 MOTION for Withdrawal of Reference to Bankruptcy Court for Trial in District Court . Signed by Judge Edward W. Nottingham on 4/7/06. (pap, )

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Lawson et al v. Lawson Doc. 7 Case 1:06-cv-00627-EWN Document 7 Filed 04/07/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. 06 v 0627 WN NB c0 E B Chapter 7 Bankruptcy Case No. 05-45702 ABC Adversary Bankruptcy Case No. 05-01956 ABC In re: MARION DAVID LAWSON, and JEAN ANNETTE WINTERS, Debtors, JASON SMITH, Plaintiff, v. MARION DAVID LAWSON, Defendant. ORDER This matter is before the court on the motion of Plaintiff, who has sued Defendants for damages due to personal injury, to remove the personal injury case to this court for trial or to have this court abstain, so that the case can be tried in state court. A response and reply have been filed, and the court is sufficiently advised. Plaintiff has gotten the cart before the horse. Defendants, the bankruptcy debtors, allege that they were discharged. Before Plaintiff can do Case 1:06-cv-00627-EWN Document 7 Filed 04/07/2006 Page 2 of 2 anything in this court or state court, he must get relief from stay and/or reconsideration or the order discharging debtors. Accordingly, it is ORDERED that the referenced motion be DENIED and that the clerk close this court's case. Dated this 7th day of April, 2006. BY THE COURT: s/ Edward W. Nottingham EDWARD W. NOTTINGHAM United States District Judge -2-

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