Kovacs v. National Hebrew, et al

Filing 308

ORDER denying as moot 284 Motion to Intervene and STAYING case as to proceedings supplementary. Signed by Magistrate Judge John J. O'Sullivan on 11/12/2008. (lc3)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 05-23125-CIV-HUCK/O'SULLIVAN ISTVAN KOVACS, Plaintiff, v. NATIONAL HEBREW GLATT, INC., et al., Defendants. _______________________________________/ ORDER THIS MATTER came before the Court on the Suggestions of Bankruptcy filed by K&S Foods, LLC (DE # 302, 11/12/08), The New Kosher World Bakery, LLC (DE # 303, 11/12/08), Akiva Shaprio (DE # 304, 11/12/08), Abraham Koot (DE # 306, 11/12/08) and Moshe Koot (DE #307, 11/12/08). The third parties inform the Court that they have filed voluntary petitions for bankruptcy in the Southern District of Florida. Title 11 United States Code Section 362 states 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 Donald Kaplan, as Assignee for the Benefit of Creditors of National Hebrew Glatt, Inc.'s Motion to Intervene (DE# 284, 10/22/08) and all other pending motions concerning the third parties, K&S Foods, LLC, The New Kosher World Bakery, LLC, Akiva Shaprio, Moshe Koot and Abraham Koot, are DENIED as moot without prejudice to notify the Court if the parties wish to re-instate

any of the aforementioned motions upon resolution of the Bankruptcy Court proceedings. It is further ORDERED AND ADJUDGED that by operation of Title 11 United States Code Section 362, this case is STAYED as to the proceedings supplementary. DONE AND ORDERED, in Chambers, in Miami, Florida, this 12th day of November, 2008.

__________________________________ JOHN J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE Copies furnished to: U.S. District Judge Huck All counsel of record

Copies mailed by Chambers to: Moshe Koot 353 W. 47 Street, #7E Miami, Beach, FL 33140 Jay M. Gamberg, Esq. Gamberg & Abrams 4000 Hollywood Blvd. Suite 350, North Tower Hollywood, FL 33021 Abraham Koot 17220 NE 11 Court North Miami Beach, FL 33163

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