Mullinax v. Advance Auto Parts, Inc. et al

Filing 246

ORDER STAYING this action pursuant to filing of #245 Suggestion of Bankruptcy as to Deft Georgia-Pacific LLC (now known as Bestwall LLC) only until further Order of the Court. All other claims pending in this action remain unaffected by this stay. FURTHER ORDERED that parties shall file a status report with the Court every 90 days until bankruptcy proceeding is completed or automatic stay is lifted, whichever comes first. (Parties' 1st Status Report due by 2/12/2018.) Signed by District Judge Martin Reidinger on 11/14/2017. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00310-MR-DLH

ROBERT A. MULLINAX, Individually, )
as Executor of the Estate of Jack
)
Junior Waugh, Deceased,
)
)
Plaintiff,
)
)
vs.
)
)
ADVANCE AUTO PARTS, INC., et al., )
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Notice of Bankruptcy Filing
and Stay of Proceedings filed by the Defendant Georgia-Pacific LLC (now
known as Bestwall LLC) (hereinafter “Bestwall”). [Doc. 245].
Bestwall 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 November 2, 2017.

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 Bestwall only.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby
STAYED as to the Defendant Georgia-Pacific LLC (now known as Bestwall
LLC) only until further Order of the Court. All other claims pending in this
action remain unaffected by this stay.
IT IS FURTHER ORDERED that the parties shall file a status report
with the Court every ninety (90) days until the bankruptcy proceeding is
completed or the automatic stay is lifted, whichever comes first.
IT IS SO ORDERED.
Signed: November 14, 2017

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