Brown v. Georgia Pacific LLC

Filing 19

ORDER STAYING CASE until further Order of the Court. 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-00384-MR-DLH

DON FRANK BROWN,

)
)
Plaintiff,
)
)
vs.
)
)
GEORGIA-PACIFIC LLC f/k/a
)
Georgia Pacific Corporation,
)
)
Defendant.
)
_______________________________ )

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). [Doc. 18].
The Defendant 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.
Accordingly, IT IS, THEREFORE, ORDERED that this action is hereby
STAYED until further Order of the Court.
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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