Barnard et al v. Suntrust Banks, Inc. et al

Filing 46

ORDER action STAYED as against Deft April Kisselburg Davis, only re 44 Notice of Bankruptcy Stay by April Kisselburg Davis. Signed by District Judge Martin Reidinger on 1/3/13. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00289-MR

JAMIE BARNARD and
MARK ZURAWEL,

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Plaintiffs,
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vs.
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SUNTRUST BANK and
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APRIL KISSELBURG DAVIS,
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Defendants.
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___________________________ )

ORDER

THIS MATTER is before the Court on the Notice of Bankruptcy Stay
by Defendant April Kisselburg Davis [Doc. 44].
Defendant April Kisselburg Davis has filed a notice with the Court that
she filed a bankruptcy case under Chapter 7 of the United States
Bankruptcy Code on December 5, 2012.

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. 2012); 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 Davis only. All other 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 April Kisselburg Davis only.
IT IS SO ORDERED.
Signed: January 3, 2013

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