Meherrin Agricultural & Chemical Company v. Patrick Farms LLC et al

Filing 24

ORDER STAYING CASE as to defendant Patrick Farms; case to go forward as to remaining defendants. Ordered by Judge Hugh Lawson on 8/13/2010. (nbp)

Download PDF
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA V A L D O S T A DIVISION M E H E R R IN AGRICULTURAL & C H E M IC A L COMPANY, P la in tiff, v. P A T R IC K FARMS, LLC, JAMES GIBBS P A T R IC K JR., and JAMES GIBBS P A T R IC K III, Defendants. ORDER O n August 2, 2010, Patrick Farms Partnership, sued in this case as Patrick F a rm s , LLC, filed a Voluntary Petition for protection under Chapter 11 of the United S ta te s Bankruptcy Code in the United States Bankruptcy Court for the Middle District o f Georgia, Valdosta Division. Plaintiff is listed in the bankruptcy petition as a creditor w ith a claim in the amount of $676,858.23. Defendant Patrick Farms filed a notice o f stay on account of bankruptcy in the case before this Court on August 10, 2010. 11 U.S.C. 362(a)(1) provides that all judicial proceedings against the debtor a re automatically stayed. Accordingly, this case is stayed as to Defendant Patrick F a rm s until there is a ruling from the bankruptcy court lifting the stay. T h e automatic stay does not automatically stay judicial proceedings against n o n -b a n k ru p t third parties or co-defendants. See, e.g., In re S.I. Acquisition, Inc., 8 1 7 F.2d 1142, 1147 (5th Cir. 1987). Defendants James Gibbs Patrick Jr. and C iv il Action: 7:10-CV-18 (HL) James Gibbs Patrick III have not requested that the automatic stay be extended to th e m , and it does not appear from the bankruptcy docket that they have requested th a t the bankruptcy court issue an injunction against these judicial proceedings as re la te s to them. Accordingly, the case shall continue to proceed against Defendants J a m e s Gibbs Patrick Jr. and James Gibbs Patrick III. SO ORDERED, this the 13 th day of August, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh 2

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?