Stolieckas et al v. GMAC Mortgage, LLC et al

Filing 29

ORDER administratively closing the case pursuant to 8 Notice of Bankruptcy; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GLENDA M. STOLIECKAS,
Plaintiffs,
Case No. 1:12-cv-1395
v.
HONORABLE PAUL L. MALONEY
GMAC MORTGAGE, LLC,
Defendants.
______________________________/

ORDER ADMINISTRATIVELY CLOSING CASE
The court has been informed that GMAC Mortgage, LLC, one of the parties to this
action, filed a Petition in Bankruptcy. In accordance with 11 U.S.C. § 362, this civil action is
automatically stayed until the Bankruptcy proceedings in question are terminated. 11 U.S.C.
§ 362(c)
The automatic stay provision of the Bankruptcy Reform Act of 1978, 11 U.S.C.
§ 101, et seq. halts the commencement or continuation of litigation against the debtor by adverse
parties. Patton v. Bearden, 8 F.3d 343, 348-49 (6th Cir. 1993). The stay does not divest this court
of jurisdiction to issue necessary orders in civil actions which are stayed in Bankruptcy. Donald F.
Duncan Inc. v. Royal Trops Mfg. Co., 381 F.2d 879, 882 (7th Cir. 1967), cert. denied, 390 U.S.905
(1968); see NLRB v. Edward Cooper Painting, Inc., 804 F.2d 934, 939 (6th Cir. 1986); Commodity
Futures Trading Comm'n v. Co Petro Mktg. Group, Inc., 700 F.2d 1279, 1283 (9th Cir. 1983).

Rather than have this action remain on the court's docket indefinitely, a result which
is contrary to the interest of the court, the debtor, and the public, the court has decided to
administratively close this matter pending termination of the related bankruptcy proceedings.
IT IS HEREBY ORDERED that in the interest of the effective administration of
the court's business, without prejudice to either party to this action, and in keeping with the intent
and spirit of the automatic stay provision of the Bankruptcy Reform Act, 11 U.S.C. § 362, this matter
is CLOSED. This closing is for administrative purposes only and does not constitute a decision on
the merits. Upon termination of the aforementioned bankruptcy proceedings, or the lifting of the
automatic stay with reference to the instant proceeding, the court will allow either party to move to
reopen this action. Any such motion need only refer to this order and it will be granted.

Dated: May 13, 2014

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge

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