DANTZLER INC v. HUBERT MOORE LUMBER COMPANY INC et al

Filing 62

ORDER granting 61 Motion to Substitute Party at Interest and ordering parties to confer re. status of case and report back by 2/11/2015. Ordered by U.S. District Judge HUGH LAWSON on 1/28/2015. (aks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

DANTZLER, INC.,
Plaintiff,
v.

Civil Action No. 7:13-CV-56 (HL)

HUBERT MOORE LUMBER COMPANY,
INC.,
WILBUR
STANLEY
MOORE,
individually and as guarantor, NORMA
MOORE GASKINS, individually and as
guarantor, JOAN MOORE DRAWDY,
individually and as guarantor, DUPONT
PINE PRODUCTS, LLC,
Defendants.

ORDER
This case is before the Court on the motion of Joy R. Webster, Trustee in
the Chapter 7 Bankruptcy case of Hubert Moore Lumber Company, Inc., to be
substituted as the party at interest on behalf of Hubert Moore Lumber Company,
Inc. (Doc. 61). The motion is unopposed and accordingly granted.
Hubert Moore Lumber Company, Inc. filed a Voluntary Petition for
protection under Chapter 7 of the United States Bankruptcy Code on October 11,
2013. Ms. Webster accepted appointment as the Chapter 7 Trustee on October
28, 2014, thereby assuming the role as the representative of the bankruptcy
estate pursuant to 11 U.S.C. § 323. As a result of the appointment, the Trustee
now is the real party at interest in any claim or action by or against the estate. 11

U.S.C. § 541(a)(1); see also Park v. Wendy’s Int’l, Inc., 365 F.3d 1268 (11th Cir.
2004). The Court therefore finds it appropriate to substitute Joy R. Webster,
Trustee, as the real party at interest in these proceedings.
On October 17, 2013, the Court entered an order staying the case as to
Hubert Moore Lumber Company, Inc. as required by 11 U.S.C. § 363(a)(1). (Doc.
53). On October 31, 2013, the Court entered a supplementary Order (Doc. 56),
staying the case in its entirety until the resolution of the bankruptcy matter. The
motion now before the Court indicates that the Bankruptcy Court for the Middle
District of Georgia granted relief from the automatic stay on December 17, 2014.
Accordingly, this case is ready to proceed. The parties are ordered to confer and
to report back to the Court in writing by no later than February 11, 2015, as to
how they wish to proceed.
SO ORDERED, this 28th day of January, 2015.

s/ Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE

aks

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