WALKER v. GOTCHA TOWING AND RECOVERY LLC et al

Filing 22

ORDER referring the case to bankruptcy court to be decided as part of the plaintiffs ongoing bankruptcy, case number 14-51982, pursuant to the general referral order. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/14/2016. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MELVIN WALKER, JR. Plaintiff, v. GOT’CHA TOWING & RECOVERY, LLC, and GFC LENDING, LLC Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:15-cv-168 (MTT) ORDER The complaint asserts a claim for damages because of a violation of the automatic stay imposed by filing for bankruptcy. (Doc. 1-1). Such claims are based on 11 U.S.C. § 362(k) (describing damages that may be recovered for a “willful violation” of the automatic stay). There is a general referral order in this District stating that “any and all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11 are referred to the bankruptcy judges for this district.” 2012-01 Order of Reference – Title 11 Bankruptcy Referrals, General Orders | Middle District of Georgia | Untied States District Court, http://www.gamd.uscourts.gov/courtinfo/local-rules-and-orders/general-orders. This case falls squarely within that order. Therefore, because this claim arises under Title 11, this matter is REFERRED to the bankruptcy court to be decided as part of the plaintiff’s ongoing bankruptcy, case number 14-51982, pursuant to the general referral order. SO ORDERED, this 14th day of January, 2016. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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