Benjamin v. Steven James Development, LLC et al

Filing 103

ORDER granting 100 MOTION to Enforce Automatic Bankruptcy Stay to the extent set forth. So Ordered by Magistrate Judge James R. Muirhead. (jab)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Robert Benjamin DLC Services Corp. v. Civil No. 08-cv-422-SM

Riley More & More Enterprises, LLC, et al

ORDER

Defendant Manoukian moves to enforce the automatic bankruptcy stay arising from his Chapter 11 filing to preclude his deposition on December 11, 2009.1 It is well-established that stays pursuant to § 362(a) are limited to debtors and do not encompass non-bankrupt codefendants . . . (citations omitted). . . Chapter 11, unlike Chapter 13, contains no provision to protect non-debtors who are jointly liable on a debt with the debtor. Teachers Insurance and Annuity Association of America v. Butler, 803 F.2d 61, 65 (2d Cir. 1986). The automatic stay in bankruptcy

precludes discovery as to Manoukian but not as to any other defendant. If Manoukian has information as to co-defendants, the The stay is

stay does not prevent discovery of that information.

In the future, counsel should be aware that the court is never offended when counsel provide legal authority to support their position.

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limited to him personally. The motion (doc. no. 100) is granted to the extent set forth. SO ORDERED. ____________________________________ James R. Muirhead United States Magistrate Judge Date: December 10, 2009 cc: All Counsel of Record

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