UNITED STATES OF AMERICA v. ALSOL CORPORATION et al

Filing 20

ORDER granting 7 Motion ; granting 14 Motion to Vacate. Signed by Judge Katharine S. Hayden on 1/2/14. (rg, )

United States District Court
for the District Of New Jersey

UNITED STATES OF AMERICA
Plaintiff,

Civil No.: 13-0380 (KSH)

v.
ALSOL CORPORATION; SB BUILDING
ASSOCIATES, LIMITED PARTNERSHIP; SB
BUILDING GP, L.L.C.; UNITED STATES
LAND RESOURCES, L.P.; UNITED STATES
REALTY RESOURCES, INC.; LAWRENCE S.
BERGER; 3.60 ACRES OF LAND

Order

Defendants.

This matter having come before the Court on the government’s motion for an order
exempting the in personam portion of this suit from the automatic bankruptcy stay [D.E. 7] and
defendants’ Fed. R. Civ. P. 55(c) motion to vacate the default entered by the Clerk of this Court
on April 26, 2013 [D.E. 14], and for the reasons expressed in the accompanying opinion [D.E.
19],
IT IS, on this 2d day of January, 2014,
ORDERED that the government’s motion [D.E. 7] is granted. The in personam action
against the debtor defendants is not subject to the bankruptcy code’s automatic stay and will be
allowed to proceed. However, any judgment against the bankrupt defendants must be enforced
through the bankruptcy process. And it is further
ORDERED that defendants’ motion to vacate the default [D.E. 14] is granted. The April
26, 2013 default is set aside. Defendants are required to file their answer or responsive pleading

within ten (10) days of the entry of this order. Should they fail to do so, the government may
request that default be reinstated as to the named defendants and move for default judgment
pursuant to Fed. R. Civ. P. 55.

/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.