McSwain v. Air & Liquid Systems Corporation, et al

Filing 150

ORDER STAYING this action as to Deft Sepco Corporation 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 2/12/16. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00130-MR-DLH

MINERVA McSWAIN, individually
and as Executrix of the Estate of
Buren Edward McSwain, deceased,

)
)
)
)
Plaintiffs,
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vs.
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AIR & LIQUID SYSTEMS
)
CORPORATION, et al.,
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Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Notice of Bankruptcy and
Automatic Stay of Proceedings filed by the Defendant Sepco Corporation.
[Doc. 149].
The Defendant Sepco Corporation has filed a notice with the Court
indicating that it has filed a voluntary bankruptcy petition under Chapter 11
of the United States Bankruptcy Code on January 14, 2016. 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 Sepco Corporation only.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby
STAYED as to the Defendant Sepco Corporation 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 12, 2016

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