Synovus Bank v. Bokke IV, LLC et al

Filing 171

ORDER that the stay of this action is lifted with respect to Defendant Eley's third-party claims only. This action remains stayed with respect to the Plaintiff's claims against the Defendant. IT IS FURTHER ORDERED t hat within fourteen (14) days of the entry of this Order, Defendant Eley shall advise the Court in writing whether he intends to pursue these third-party claims. Signed by District Judge Martin Reidinger on 03/06/14. (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 the Report of the Bankruptcy
Trustee [Doc. 170].
In response to the Court’s Order of February 4, 2014 [Doc. 155], the
Trustee in Bankruptcy administering the estate of Defendant James Eley
has filed a report advising of his determination to abandon any and all
interest in the third-party claims asserted by Defendant Eley in this action.

When a claim is abandoned by the trustee, the claim ceases to be a part of
the bankruptcy estate and “reverts to the debtor and stands as if no
bankruptcy petition was filed.” Dewsnup v. Timm, 908 F.2d 588, 590 (10th
Cir. 1990). In light of the Bankruptcy Trustee’s abandonment of Defendant
Eley’s third-party claims, the Court will lift the stay of this action so as to
permit the prosecution of such claims.
IT IS, THEREFORE, ORDERED that the stay of this action is lifted
with respect to Defendant Eley’s third-party claims only.

This action

remains stayed with respect to the Plaintiff’s claims against the Defendant.
IT IS FURTHER ORDERED that within fourteen (14) days of the
entry of this Order, Defendant Eley shall advise the Court in writing whether
he intends to pursue these third-party claims.

Should the Defendant

indicate that he intends to litigate such claims, the Court will enter an
amended scheduling order.
IT IS SO ORDERED.

Signed: March 6, 2014

2