PURVIS v. Blitz USA Inc et al

Filing 17

ORDER staying case as to Defendant Blitz, USA. Case will proceed as to other defendants. Ordered by Judge Hugh Lawson on 11/15/2011. (nbp)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION SHERRI PURVIS, for individually and as next friend and natural guardian JAMES C. PURVIS, : : : : Plaintiff, : : v. : : BLITZ, U.S.A., INC., WAL-MART : STORES, INC., WAL-MART : STORES EAST, L.P., and WAL: MART STORES EAST, INC., : : Defendants. : _______________________________  Case No. 7:11-cv-111 (HL) ORDER On November 9, 2011, Blitz U.S.A., Inc., LAM 2011 Holdings, LLC, Blitz Acquisition Holdings, Inc., Blitz Acquisition, LLC, Blitz RE Holdings and F3 Brands, LCC filed bankruptcy proceedings in the United States Bankruptcy Court for the District of Delaware by filing voluntary petitions for relief under chapter 11 of title 11 of the United States Code. Defendant Blitz U.S.A., Inc. has filed a notice of bankruptcy in this proceeding. All judicial proceedings against the debtor are automatically stayed under 11 U.S.C. § 362(a)(1). Accordingly, this case is stayed as to Defendant Blitz, U.S.A., Inc. until there is a ruling from the bankruptcy court lifting the stay of the proceedings. This automatic stay does not automatically stay judicial proceedings against non-bankrupt third parties or co-defendants. See, e.g., In re S.I. Acquisition, Inc., 817 F.2d 1142, 1147 (5th Cir. 1987). The case will continue to move forward as to the remaining parties. SO ORDERED, this the 15th day of November, 2011. s/Hugh Lawson HUGH LAWSON, SENIOR JUDGE ebr 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?