Bronco Construction, Inc. v. Schotten Fenster LLC et al

Filing 25

ORDER that this action is hereby STAYED as to the Defendant Vinny Curran only until further Order of the Court. All other claims pending in this action remain unaffected by this stay. Signed by District Judge Martin Reidinger on 02/11/2015. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00250-MR-DLH

BRONCO CONSTRUCTION, INC.,

)
)
Plaintiff,
)
)
vs.
)
)
SCHOTTEN FENSTER, LLC,
)
VINNY CURRAN, HOLLIS
)
ARCHITECTURAL PRODUCTS, LLC, )
and FRAZIER HOLLIS,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s Notice of
Bankruptcy Filing [Doc. 24].
The Defendant Vinny Curran has filed a notice with the Court
indicating that he filed a voluntary bankruptcy petition under Chapter 7 of
the United States Bankruptcy Code on January 16, 2015. 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. 2014); 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 to the Defendant Vinny Curran only.
Accordingly, IT IS, THEREFORE, ORDERED that this action is
hereby STAYED as to the Defendant Vinny Curran only until further Order
of the Court. All other claims pending in this action remain unaffected by
this stay.
IT IS SO ORDERED.
Signed: February 11, 2015

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