Synovus Bank v. Garvey

Filing 50

ORDER stay of this action lifted with respect to Deft Randy J. Garvey's counterclaims and third-party claims only. Action remains stayed with respect to Pltf's claims against Deft Garvey. Within 14 days of entry of this Order, Deft Garvey shall advise the Court in writing whether he intends to pursue these counterclaims and third-party claims. Signed by District Judge Martin Reidinger on 5/6/14. (ejb)

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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vs.
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KEITH VINSON, et al.,
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Third Party
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Defendants.
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________________________________ )

ORDER

THIS MATTER is before the Court on the Report of Bankruptcy
Trustee [Doc. 49].
In response to the Court’s Order of February 4, 2014 [Doc. 48], the
Defendant’s Trustee in Bankruptcy has filed a report advising of his
determination to abandon any and all interest in the counterclaims and
third-party claims asserted by the Defendant 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’s counterclaims
and 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 the Defendant’s counterclaims and 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 Garvey shall advise the Court in writing
whether he intends to pursue these counterclaims and 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

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