Mattarollo et al v. Branch Banking and Trust Co et al

Filing 38

ORDER LIFTING STAY. Signed by District Judge Martin Reidinger on 3/15/2014. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 2:12-cv-00063-MR-DLH

CHRIS MATTAROLLO and TINA
MATTAROLLO,

)
)
)
Plaintiffs,
)
)
vs.
)
)
BRANCH BANKING AND TRUST
)
CO. and PAM MURAS,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Notice Regarding Actions
of Bankruptcy Trustee [Doc. 37].
In response to the Court’s Order of December 3, 2013 [Doc. 35], the
Plaintiffs have filed a report advising of the Bankruptcy Trustee’s
determination to abandon any and all interest in the claims asserted by the
Plaintiffs in this action. The Plaintiffs further submit an Order granting them
a discharge under 11 U.S.C. § 727.
When a claim is abandoned by the trustee, the claim ceases to be a
part of the bankruptcy estate and “reverts to the debtor and stands as if no
bankruptcy petition was filed.” Dewsnup v. Timm, 908 F.2d 588, 590 (10th
Cir. 1990).

In light of the Bankruptcy Trustee’s abandonment of the

Plaintiffs’ claims, the Court will lift the stay of this action so as to permit the
prosecution of such claims.
Further, because the Plaintiffs have now received a discharge, the
automatic stay of the Defendants’ counterclaims is now lifted.

See 11

U.S.C. § 362(c)(2)(C).
IT IS, THEREFORE, ORDERED that the stay of this action is lifted
with respect to all claims and counterclaims pending in this matter.
IT IS SO ORDERED.

Signed: March 15, 2014

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