Synovus Bank v. Garvey

Filing 43

ORDER that this action is hereby STAYED until further Order of the Court. Signed by District Judge Martin Reidinger on 8/16/13. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00186-MR-DLH

SYNOVUS BANK,

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Plaintiff,
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vs.
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RANDY J. GARVEY,
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s Suggestion of
Bankruptcy [Doc. 42].
The Defendant has filed a notice with the Court that he filed a
bankruptcy case under Chapter 7 of the United States Bankruptcy Code on
July 29, 2013. 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.

Accordingly, IT IS, THEREFORE, ORDERED that this action is
hereby STAYED until further Order of the Court.
The Clerk of Court is respectfully directed to close this case
administratively.
IT IS SO ORDERED.
Signed: August 15, 2013

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