Synovus Bank v. Bokke IV, LLC et al

Filing 155

ORDER that within thirty (30) days of the entry of this Order, the Bankruptcy Trustee shall file a report regarding his determination regarding the prosecution of the third-party claims asserted by Defendant Eley in this action. Signed by District Judge Martin Reidinger on 02/04/14. (Pro se litigant served by US Mail.)(emw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00071-MR-DLH

SYNOVUS BANK,

)
)
Plaintiff,
)
)
vs.
)
)
BOKKE IV L.L.C., JAMES ELEY,
)
LAURA KELLY, JOHN KELLY, SR.,
)
MARLON NIEMAND, MARK P. KELLY, )
JOHN G. RECKENBEIL, and SIMON )
MANNION,
)
)
Defendants,
)
)
vs.
)
)
KEITH VINSON, et al.,
)
)
Third Party
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on Defendant James Eley’s Notice
Bankruptcy Case Filing [Doc. 117-1].
A notice has been filed with the Court indicating that Defendant
James Eley has filed a voluntary petition under Chapter 7 of the United
States Bankruptcy Code. [Doc. 117-1]. The Court previously stayed this
action pursuant the automatic stay provisions of 11 U.S.C. § 362 with

respect to the Plaintiff’s claims against Defendant Eley.

[Doc. 125].

Defendant Eley’s third party claims, however, are not subject to the
automatic stay. See In re Atlas IT Export, LLC, 491 B.R. 192, 195 (1st Cir.
BAP 2013). Accordingly, the Court will direct the Bankruptcy Trustee to
submit a report advising whether he intends to pursue this litigation.
IT IS, THEREFORE, ORDERED that within thirty (30) days of the
entry of this Order, the Bankruptcy Trustee shall file a report regarding his
determination regarding the prosecution of the third-party claims asserted
by Defendant Eley in this action.
IT IS FURTHER ORDERED that the Clerk shall provide a copy of this
Order to: John K. Fort, Bankruptcy Trustee, P.O. Box 789, Drayton, SC
29333, and Defendant Eley’s bankruptcy attorney, Christopher M.
Edwards, Moss & Associates, 11 Caledon Court, Suite D, Greenville, SC
29615.
IT IS SO ORDERED.

Signed: February 4, 2014

2