Abatemarco et al v. Legasus of North Carolina, LLC et al

Filing 76

ORDER that this action is hereby STAYED as against the Defendant Theodore Morlok only. Signed by District Judge Martin Reidinger on 1/6/12. (Pro se litigant served by US Mail.)(nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv23

GERALD ABATEMARCO, et al.,
Plaintiffs,
vs.
LEGASUS OF NORTH CAROLINA,
LLC, et al.,
Defendants.

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ORDER

THIS MATTER is before the Court on the Defendant Theodore Morlok’s
Suggestion of Bankruptcy [Doc. 74].
The Defendant Theodore Morlok has filed a notice with the Court that
he filed a bankruptcy case under Chapter 7 of the United States Bankruptcy
Code on December 21, 2011. [Doc. 74].
It is well-settled that "[w]hen litigation is pending against the debtor at
the time a bankruptcy case is commenced, the litigation is stayed
automatically." 3 Collier on Bankruptcy ¶ 362.03[3] (16th ed. 2011); see also
11 U.S.C. § 362(a)(1) (providing that a bankruptcy petition operates as an
automatic stay of "the commencement or continuation . . . of a judicial,
administrative, or other action or proceeding against the debtor").

Accordingly, the Court will consider this action stayed as against Defendant
Morlok only. All other claims, counterclaims, and cross-claims pending in this
action remain unaffected by this stay.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby
STAYED as against the Defendant Theodore Morlok only.
IT IS SO ORDERED.

Signed: January 6, 2012

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