Mister Softee, Inc. v. Susy Menoscal

Filing 31

ORDER STAYING CASE due to the defendant's bankruptcy filing and pending motions denied as moot without prejudice. Case administratively closed. Signed by Magistrate Judge John J. O'Sullivan on 5/6/2009. (lc2)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO . 08-60100-CIV-HUCK/O'SULLIVAN MISTER SOFTEE, INC., Plaintiff, vs. SUSY MENOSCAL, Defendant. ______________________________/ ORDER THIS MATTER came before the Court on the filing of the Notice of Bankruptcy Case Filing (DE # 29, 5/4/2009, Ex. 1). Defendant Menoscal informs the Court that she filed a voluntary petition for bankruptcy in the Southern District of Florida on May 1, 2009. Id. By operation of Title 11 United States Code Section 362, the above-styled action is STAYED. Title 11 United States Code Section 362 stipulates that an automatic stay is created upon the filing of any bankruptcy petition. See Ellison v. Northwest Eng'g Co., 707 F.2d 1310, 1311 (11th Cir. 1983). The purpose of the stay is "to give the debtor a breathing spell from his creditors." Id. Accordingly, after careful review of the record, and the Court being otherwise fully advised, it is ORDERED AND ADJUDGED, that this case is STAYED. It is further ORDERED AND ADJUDGED that all pending motions are DENIED as moot without prejudice to renew once the automatic stay is lifted. It is further ORDERED AND ADJUDGED that the Clerk of the Court shall mark this case CLOSED for administrative purposes. DONE AND ORDERED in Chambers at Miami, Florida, this 6th day of May, 2009. ___________________________________ JOHN J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE Copies provided: United States District Judge Huck All counsel on record Susy Menoscal, pro se 2

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