Rector v. Parrish Steckenrider et al

Filing 14

MEMORANDUM AND ORDER TO SHOW CAUSE. Signed by Judge J. Phil Gilbert on 10/22/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANGEL RECTOR,
Plaintiff,
v.

Case No. 14-cv-878-JPG-PMF

ANITRA PARRIS STECKENRIDER, individually and
in her official capacity, and WEXFORD HEALTH
SOURCES, INC.,
Defendants.
MEMORANDUM AND
ORDER TO SHOW CAUSE
This matter comes before the Court on the suggestion of bankruptcy filed by defendant
Anitra Parrish Steckenrider (Doc. 13). Steckenrider has informed the Court that she has filed a
petition for Chapter 13 bankruptcy in case number 12-40245-lkg (petition filed February 27,
2012). She invokes the automatic stay imposed pursuant to 11 U.S.C. § 362(a), which states that a
Chapter 13 bankruptcy petition operates as a stay as to “the . . . continuation . . . of a judicial . . .
action or proceeding against the debtor that was or could have been commenced before the
commencement of the [bankruptcy] case . . ., or to recover a claim against the debtor that arose
before the commencement of the [bankruptcy] case. . . .” 11 U.S.C. § 362(a)(1) (emphasis added).
However, the conduct plaintiff Angel Rector alleges in the complaint occurred between January 1,
2013, and January 1, 2014, well after Steckenrider filed her bankruptcy petition. Thus, the Court
has doubts about whether the automatic stay of 11 U.S.C. § 362(a) applies to this case.
Accordingly, the Court ORDERS Steckenrider to SHOW CAUSE on or before November 7,
2014, why the Court should stay the claims in this case against her. Regardless of whether
Steckenrider responds to this show cause order, other parties may file briefs on this issue on or
before November 21, 2014.
IT IS SO ORDERED.
DATED: October 22, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
U.S. District Judge