DatabaseUSA.com, LLC v. Van Gilder et al

Filing 76

ORDER that this case is not automatically stayed as a result of the plaintiff's bankruptcy. Ordered by Chief Judge John M. Gerrard. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DatabaseUSA.com, LLC,
Plaintiff,

8:17-CV-386

vs.
ORDER
Blake Van Gilder, et al.,
Defendants.
The defendants have filed a "Notice of Plaintiff's Bankruptcy Filing"
(filing 75) noting that the plaintiff has filed bankruptcy, and suggesting that
this case should be stayed pursuant to NEGenR 1.5(a)(1). But it is wellestablished that because the automatic bankruptcy stay of 11 U.S.C. §
362(a)(1) applies to the "commencement or continuation" of a proceeding
"against the debtor," it doesn't apply to a proceeding brought by the debtor that
inures to the benefit of the debtor's estate. Farley v. Henson, 2 F.3d 273, 274
(8th Cir. 1993); Brown v. Armstrong, 949 F.2d 1007, 1009-10 (8th Cir. 1991);
Wickenkamp v. Smith, No. 8:13-CV-262, 2013 WL 6197158, at *1 (D. Neb. Nov.
27, 2013). Accordingly,
IT IS ORDERED that this case is not automatically stayed as a
result of the plaintiff's bankruptcy.
Dated this 4th day of January, 2019.
BY THE COURT:
John M. Gerrard
Chief United States District Judge