Title Resources Guaranty Company v. American Title Services Company et al

Filing 34

ORDER re: 33 Notice filed by American Title Services Company. ORDERED that all proceedings against Defendant American Title Services Company are STAYED unless and until relief from the automatic stay in Bankruptcy Case No. 14-12894-SBB is granted. By Judge Raymond P. Moore on 3/20/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 14-cv-0366-RM-BNB
TITLE RESOURCES GUARANTY COMPANY, a Texas corporation,
Plaintiff,
v.
AMERICAN TITLE SERVICES COMPANY, a Colorado corporation; AMERICA'S
HOME TITLE, LLC, a Colorado limited liability company; AMERICAN TITLE
CORP., a Colorado corporation;
ESTATE OF RICHARD TALLEY, a Colorado decedent;
CHERYL TALLEY, individually and in her capacity as successor to Richard Talley
or representative for the Estate of Richard Talley;
BILL KRIEG, an individual;
GK PEAKVIEW TOWER, LLC, a Delaware limited liability company; and
CITYWIDE BANKS, a Colorado corporation
Defendants.

ORDER

This matter is before the court on review of the “Advise of Bankruptcy Filing” filed
by Defendant American Title Services Company on March 17, 2014. (ECF No. 33.)
According to this advisement, on March 12, 2014, Defendant American Title Services
Company filed for relief under Chapter 11 of the United States Bankruptcy Code in the
United States Bankruptcy Court for the District of Colorado. Therefore, Section 362 of the
United States Bankruptcy Code applies with respect to Defendant American Title Services

Company and the property of this party. 11 U.S.C. § 1520(a). Section 362(a) of the
Bankruptcy Code provides
Except as provided in subsection (b) of this section, a petition filed under section
301, 302, or 303 of this title, or . . . operates as a stay, applicable to all entities, of
(1) the commencement or continuation, including the issuance or employment of
process, of a judicial, administrative, or other action or proceeding against the
debtor that was or could have been commenced before the commencement of the
case under this title, or to recover a claim against the debtor that arose before the
commencement of the case under this title.
***
(3) any act to obtain possession of property of the estate or of property from the
estate or to exercise control over property of the estate. . . .
Title 11 U.S.C. § 362(a). Accordingly, the bankruptcy precludes continuing this litigation with
respect to Defendant American Title Services Company.
It is therefore ORDERED that all proceedings against Defendant American Title
Services Company are STAYED unless and until relief from the automatic stay in
Bankruptcy Case No. 14-12894-SBB is granted.
Defendant American Title Services Company is ORDERED to file a status report in this
case within ten days of any relief from stay in the bankruptcy case.
DATED this 20th day of March, 2014.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge