Lantern Business Credit, LLC v. Alianza Trinity Development Group, LLC et al

Filing 53

ORDER STAYING CASE, and this action is hereby STAYED as to the Defendant Alianza Trinity Development Group, LLC 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 11//4/2016. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00107-MR-DLH

LANTERN BUSINESS CREDIT, LLC, )
a Delaware limited liability company, )
)
Plaintiff,
)
)
vs.
)
)
ALIANZA TRINITY DEVELOPMENT
)
GROUP, LLC, a Florida limited
)
liability company, ALIANZA TRINITY )
HOLDINGS, BRIGHT’S CREEK GOLF )
CLUB, LLC, a North Carolina limited )
liability company, PASQUALE
)
GIORDANO, and OMAR BOTERO,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Notice of Bankruptcy Stay
by Defendant Alianza Trinity Development Group, LLC [Doc. 50].
The Defendant Alianza Trinity Development Group, LLC has filed a
notice with the Court indicating that it filed a voluntary bankruptcy petition
under Chapter 11 of the United States Bankruptcy Code on October 27,
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
Alianza Trinity Development Group, LLC only.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby
STAYED as to the Defendant Alianza Trinity Development Group, LLC only
until further Order of the Court. All other claims pending in this action remain
unaffected by this stay.
IT IS SO ORDERED.
Signed: November 4, 2016

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