Hughes v. Flagstar Bank, FSB et al

Filing 72

MINUTE ORDER granting 54 Defendant Flagstar Bank, FSB's Motion to Stay Proceedings Due to Bankruptcy Filing. This case is stayed unless and until relief from the automatic stay is granted. All deadlines and hearings set in this matter are va cated. Plaintiff is ordered to file a status report in this case within ten days of any relief from the stay in the bankruptcy case. Additionally, Plaintiff must serve Defendant Fred Hughes with process within 30 days of the lifting of the bankruptcy stay. The 70 Order to Show Cause is discharged. By Magistrate Judge Kathleen M. Tafoya on 9/19/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–01267–KMT

KAREN HUGHES,
Plaintiff,
v.
FLAGSTAR BANK, FSB, a Federally Chartered Stock Savings Bank,
PUBLIC TRUSTEE ROUTT COUNTY, COLORADO, and
FRED HUGHES, individually,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Defendant Flagstar Bank, FSB’s “Motion to Stay Proceedings Due to Bankruptcy Filing” (Doc.
No. 54, filed August 8,2012) is GRANTED. Though Defendant Hughes is a defendant in this
matter, he has not been served and may not be served pursuant to the automatic bankruptcy stay
under sections 361 and 362 of the United States Bankruptcy Code. However, Defendant Hughes
is the co-owner of the real property involved in this case, and is signatory on the Deed of Trust
under which such real property was pledged as collateral to Defendant Flagstar Bank to secure
repayment of a loan. Therefore, this case is STAYED unless and until relief from the automatic
stay is granted. All deadlines and hearings set in this matter are VACATED. Plaintiff is
ORDERED to file a status report in this case within ten days of any relief from the stay in the
bankruptcy case. Additionally, Plaintiff must serve Defendant Fred Hughes with process within
30 days of the lifting of the bankruptcy stay. The Order to Show Cause (Doc. No. 70) is
DISCHARGED.
Dated: September 19, 2012