HICA Education Loan Corporation v. Mackey
REPORT AND RECOMMENDATIONS recommending that the court deny BICA's motion without prejudice to renew upon resolution of the bankruptcy proceedings and termination of the automatic stay. Please note that when filing Objections pursuant to Feder al Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 12/29/2014. Signed by Judge Sherry R. Fallon on 12/12/2014. (lih)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BICA EDUCATION LOAN CORP.,
JILL E. MACKEY,
) C.A. No. 13-1894-SLR-SRF
REPORT AND RECOMMENDATION
At Wilmington this 12th day of December, 2014, a Motion for Default Judgment having
been filed by plaintiff BICA Education Loan Corp. ("BICA") (D.I. 10), and the Clerk having
entered an Entry of Default in Appearance as to defendant Jill E. Mackey ("Mackey") on June 4,
2014 (D.I. 9), and a chapter 7 bankruptcy petition having been filed by Mackey on November 12,
2014, 1 I recommend that the court deny BICA's motion without prejudice to renew upon
resolution of the bankruptcy proceedings and termination of the automatic stay.
Furthermore, I recommend that the court administratively close the present action
pursuant to Title 11 of the United States Code, Section 362, pending resolution of the bankruptcy
proceedings, termination of the automatic stay, and to the extent such claims against the
defendant have not been adjudicated and/or discharged in the bankruptcy proceedings. BICA
shall file status reports with the court every six months, and promptly notify the court when the
Mackey filed a petition for relief under chapter 7 of the United States Bankruptcy Code in
Case No. 14-12543, currently pending in the United States Bankruptcy Court for the District of
case may be reopened and other appropriate action taken.
This Report and Recommendation is filed pursuant to 28 U.S.C. § 636(b)(l)(B), Fed. R.
Civ. P. 72(b)(l), and D. Del. LR 72.1. The parties may serve and file specific written objections
within fourteen (14) days after being served with a copy of this Report and Recommendation.
Fed. R. Civ. P. 72(b). The failure of a party to object to legal conclusions may result in the loss
of the right to de novo review in the district court. See Henderson v. Carlson, 812 F.2d 874, 87879 (3d Cir. 1987); Sincavage v. Barnhart, 171 F. App'x 924, 925 n.1 (3d Cir. 2006).
The parties are directed to the Court's Standing Order For Objections Filed Under Fed. R.
Civ. P. 72, dated October 9, 2013, a copy of which is available at
Dated: December 12, 2014
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?