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)

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

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